''False'' Prison Disciplinary Hearing Claim

The U.S. Supreme Court, in Edwards v. Balisok, 520 U.S. 641, 137 L. Ed. 2d 906, 117 S. Ct. 1584 (Wash. 1997) held an inmate's due process claim for a "false disciplinary" under 42 U.S.C. 1983 not actionable. In prison disciplinary hearings, due process of law requires that the accused receive: advance, written notice of the charges; a written statement by the factfinder as to the evidence upon which it relies as well as to the reasons for the action taken; and the right to present evidence, subject to reasonable restrictions necessary to maintain order within the penal institution. See Wolff, 418 U.S. at 563-572; Thomas, 862 S.W.2d at 721-22.