In Re Rothwell

On petition for a writ of habeas corpus, Erin Rothwell argues that California’s Department of Corrections and Rehabilitation (the Department) violated his constitutional rights when it imposed an administrative sanction against him that included the loss of 151 days of good conduct credits for possessing a controlled substance. Rothwell contends that there was insufficient evidence to support the sanction, as the substance at issue (0.14 grams of heroin concealed on a postcard addressed to Rothwell) was never in his possession, but was instead intercepted by a guard working in the prison mailroom.

As discussed below, Rothwell’s contention is meritorious. Even if we accept that Rothwell requested that the heroin-tainted postcard be sent to him, the record is clear that he never possessed it. Thus, even under the deferential standard of review applied by courts reviewing prison disciplinary action, we must grant the requested relief. There is no evidence that Rothwell possessed the heroin that was sent to him and, as Rothwell was charged solely with violating a regulation prohibiting possession of a controlled substance, the sanction imposed violated his constitutional…