Supreme Court overturns inmate’s punishment

Monday, May 17, 2004 | 9:37 a.m.

CARSON CITY -- The Nevada Supreme Court has ruled that 120 days of credit for good behavior should be restored to a prison inmate from Clark County who was disciplined for yelling out in the prison mess hall that the food was terrible.

The court found remarks by Lt. Michael Scheel, prior to the disciplinary hearing where he was the presiding officer, were biased so the penalty he imposed should be overturned.

In April 2001, Albert A. Farrar Jr., serving a term for attempted robbery in Clark County, yelled out in the prison dining room at Ely, "There is (expletive) in the food, and we do not have to take this."

Farrar was charged with inciting others to riot. He denied the allegation. Shortly after the incident Scheel told Farrar he would "bury you (Farrar) so far in the hole that he would have to pump in daylight."

Scheel also told Farrar he was very close to being segregated from the rest of the prison population.

Scheel was the hearing officer at the disciplinary hearing two weeks later despite Farrar's requests for a different hearing officer.

Scheel ordered a year in solitary confinement for Farrar, 90 days loss of canteen, phone and appliance privileges and forfeiture of 120 days of the 417 days of good time the inmate had earned.

Scheel maintained he conducted a fair hearing and allowed Farrar to present all of his witnesses.

The court said that because Scheel allowed Farrar to make statements and present witnesses does not change the "inherent hazard" present because of the pre-hearing comments of the hearing officer.

Farrar, who has since been transferred to the prison in Lovelock, appealed his case to District Court and lost. But the Supreme Court ordered the good time restored.

The Supreme Court said Tuesday it was reluctant to interfere in the day-to-day administration of the prison, but an inmate has "minimal due process rights." And in this case the loss of good credits took away a liberty interest of the prisoner.

The court said the prison is free to conduct a new disciplinary hearing "that comports with the requirements of due process."