In re Scott

Noel Phillipe Scott challenges a disciplinary loss of 30 days of conduct credits on the ground the record does not support the finding that his conduct constituted a serious rules violation under regulations adopted by the Department of Corrections (CDC). Petitioner, a state prison inmate, was properly disciplined for an act of disrespect to prison staff. Ordinarily, this would be an offense subject to “administrative” discipline. It was treated as a more serious offense under a rule applying to “a repeated pattern of administrative rule violations for the same offense.” Petitioner has suffered previous discipline, but not for the same offense. For that reason, we conclude the regulation does not support the construction urged by respondent Anthony Lamarque, Warden of the Salinas Valley State Prison.

FACTUAL AND PROCEDURAL SUMMARY

Petitioner is serving a term of 25 years to life for murder. He is incarcerated in the Salinas Valley State Prison. He was cited for “disrespect of female staff” under California Code of Regulations, title 15, section 3004, subdivision (b). (All further regulatory citations are to title 15 of the California Code of Regulations, unless…