Challenging A Prison Disciplinary Case

 The TDCJ’s internal prison disciplinary system favors TDCJ and is designed to find the accused offender guilty of the disciplinary infraction regardless of the prisoner's defense. It leaves prisoners  with only a perfunctory "official" avenue of appeal (Step 1 and Step 2).  This is how it works: 

• A prison guard or other prison employee alleges a disciplinary infraction and writes a disciplinary case against a prisoner. 

• The prisoner receives written notice of the charge (Form I-47) from his "Counsel Substitute."  A "Counsel Substitute" is a TDCJ employee (not a lawyer) who "represents" the prisoner at the disciplinary hearing.

• The prisoner attends a disciplinary hearing at which another TDCJ employee serves as the "Disciplinary Hearing Officer."  The DHO's job is to determine whether the prisoner is guilty or not guilty and then assess a punishment which can range from commissary, recreation and cell restriction, to solitary confinement, to the loss of good time, to a reduction in line class, etc.

As a result of this disciplinary system, in which TDCJ employees act as the prosecutors, the defense attorneys and the judge,  prisoners often want to sue for being wrongfully and/or falsely charged and convicted in a disciplinary proceeding, or for losing good time or line class as a disciplinary sanction.  

Many people believe that federal civil rights lawsuits are the only way to have the false disciplinary cases reversed. This is not correct.  In fact, the majority of such lawsuits are very quickly thrown out of court because of established case law precedent. 

 There are legal and administrative avenues available to challenge a prison disciplinary case;  however, in deciding which route to follow, the specific facts and circumstances of the prisoner's situation, the false disciplinary charge and the resulting disciplinary action against the prisoner must be examined.  

Yolanda has successfully represented a number of prisoners in challenging their prison disciplinary cases, having the cases removed from their records, getting their good time credits restored and even having their favorable Parole Board votes (which were withdrawn because of the disciplinary case) reinstated.  

For information on representation in  a disciplinary challenge, please contact Yolanda at yolandamtorres@gmail.com