Phelps v. Tucker.

U.S. District Court

EVIDENCE

DUE PROCESS

Phelps v. Tucker, 370 F.Supp.2d 792 (N.D.Ind. 2005). A state prisoner brought a civil rights action against prison personnel alleging violating of his Fourteenth Amendment procedural due process rights. The district court granted summary judgment, in part, for the prisoner and in part for certain defendants. The court held that prison personnel did not "destroy" a surveillance videotape, for the purpose of the prisoner's Fourteenth Amendment procedural due process claim that the tape was destroyed to prevent him from using it in his defense. The court noted that the tapes were recycled or reused in the normal course of business if not requested by the conduct adjustment board or an internal affairs officer within thirty days, and the tape had not been requested within the thirty days. The court found that prison personnel violated the prisoner's Fourteenth Amendment procedural due process rights by denying his request for a video surveillance tape for his defense in a disciplinary hearing. The court noted that due process entitles prisoner to have exculpatory evidence disclosed unless its disclosure would unduly threaten institutional concerns. The court found that the prisoner's claim was not extinguished by the reversal of his loss of good-time credits due to a successful administrative appeal. (Indiana)