Dispute DHO Sanction

Personal Information:

Full Name:

First

Last

Inmate Number:

Facility Name:

First

Last

Date of the Incident:

Incident Details:

Describe the incident or treatment that occurred.

What specific allegations were made against you?

Were there any items or property involved? If yes, describe them.

Were there any additional or superfluous statements made by staff or officials (e.g., accusations of contraband)?

What evidence, if any, was provided to support the allegations?

Maximum file size: 8.39MB

Condition and Issuance of Property:

What items were issued to you upon arrival:

What was the condition of these items when you received them?

Was there any documentation or inspection of the items' condition upon issuance?

Defense and Witnesses:

Did you request any witnesses to support your case?

If yes, provide the names of these witnesses and their relationship to the incident.

Were these witnesses allowed to testify?

Was any evidence you provided, such as documentation or witness testimony, ignored?

Maximum file size: 8.39MB

Sanction Details:

What sanctions were imposed on you?

What were the financial amounts involved, if any?

Was there a justification provided for the sanctions? If yes, describe it

Violation of Policy and Law:

Which specific BOP policies or Federal regulations do you believe were violated in your case?

How do you believe your treatment was inconsistent with these policies or laws?

Additional Information:

Provide any additional details or context that might be relevant to your argument:

Is there anything else you would like to include in the argument?

Prompt

Using the information provided in the questionnaire, draft a formal argument addressing the inconsistency of the treatment described by the inmate with BOP policy and Federal law. The argument should include the following elements:

1. **Introduction:**
   - Clearly state the inmate's full name, inmate number, facility name, date of the incident, and the specific sanction or treatment being contested.

2. **Summary of Allegations:**
   - Provide a detailed description of the allegations made against the inmate, including any items or property involved and any additional statements made by staff or officials.

3. **Condition and Issuance of Property:**
   - Describe the items issued to the inmate upon arrival, their condition, and any documentation or inspection related to their issuance.

4. **Defense and Witnesses:**
   - Outline the defense provided by the inmate, including witness testimony and any evidence that was ignored or disregarded.

5. **Violation of Policy and Law:**
   - Reference the specific BOP policies and Federal regulations violated in the case, explaining how the treatment was inconsistent with these standards.

6. **Sanction Details:**
   - Provide a summary of the sanctions imposed, including financial amounts and the justification (if any) provided by the staff.

7. **Conclusion:**
   - Conclude by summarizing the argument, requesting the overturning of the sanction, and the restoration of any penalties (e.g., Good Conduct Time, financial charges).

**Important:** Ensure that the final draft includes the correct names, numbers, and dates provided by the inmate. The argument should be clear, concise, and supported by references to relevant BOP policies and Federal regulations.

---
Sample Output with proper spacing and format.

I, respectfully submit this appeal to contest the sanction imposed on August 7, 2024, under Incident Report No. 3977077. I was sanctioned for the alleged "distribution of property over $100" related to a supposed destruction of a mattress. This claim is not only inaccurate but violates Bureau of Prisons (BOP) policy and codified Federal Regulations (CFR), as I will demonstrate below. The charges, which resulted in a financial sanction of $111.26 and a deduction of 13 days of Good Conduct Time (GCT), lack factual basis, violate my right to due process, and fail to comply with BOP standards of fairness.

OYENIYI OWORU             47984-083    SHERIDAN FPC

Summary of Allegations:
The allegations stated that I destroyed a mattress by cutting into it, with an additional claim that the cut was for the purpose of concealing contraband. However, no contraband was found during the search. Despite these baseless accusations, I was sanctioned for damage to property valued over $100. The claim is not supported by evidence, and the statement regarding contraband is both irrelevant and speculative. Additionally, I was provided no new mattress following this incident, allowing me to inspect the mattress, and I can confirm that there were no cuts in the foam as the incident report suggested.

Violation of Due Process and BOP Policy:
The imposition of this sanction directly violates BOP policies on fairness and due process. According to BOP Program Statement 5270.09 (Inmate Discipline Program), fairness must be maintained in the disciplinary process. The evidence used to charge me was speculative, and I was denied a proper opportunity to defend myself, particularly through witness testimony. A fellow inmate who arrived at the facility with me on the same day and observed the condition of my mattress was willing to testify that most used mattresses at the facility are damaged upon issuance and that new mattresses are rarely provided. This testimony was ignored.

Lack of Proper Inspection and Responsibility for Used Items:
Upon my arrival, I was issued new underwear, one new uniform, boots, two used uniforms, and a bedroll with two used blankets and sheets, both of which had rips and tears. Importantly, I was never issued a new mattress nor was there an inspection of the mattress I was assigned in my housing area. I should not be held responsible for pre-existing damage to used items, particularly when the BOP failed to document the condition of the mattress at the time of my arrival.

Regulatory and Policy Support:
1. 28 CFR § 541.5(a) states that disciplinary actions must be based on factual findings supported by sufficient evidence. In my case, no substantial evidence was provided, and the speculative statement about contraband has no factual basis, violating this regulation.
   
2. 28 CFR § 541.8(h) stipulates that inmates have the right to call witnesses and present evidence. My witness was not allowed to testify, which violated my rights under this provision.

3. BOP Program Statement 4500.12 (Trust Fund/Deposit Fund Manual) states that charges for damaged or lost property must be accurate and based on clear evidence of destruction. Since the mattress I was accused of destroying had no verifiable damage attributable to me, this sanction is unfounded.

4. BOP Program Statement 5270.09 emphasizes the requirement for fair and consistent discipline. Charging me for a used and pre-damaged mattress without proper inspection is not consistent with BOP standards of fairness.

Conclusion:
The sanction imposed on me violates both my right to due process and several BOP policies and Federal regulations. The financial penalty and loss of Good Conduct Time are excessive and unjustified, particularly given the lack of evidence and the refusal to allow witness testimony. I respectfully request that this sanction be overturned and that my Good Conduct Time and funds be restored.

Personal Information:

Incident Details:

Condition and Issuance of Property:

Defense and Witnesses:

Sanction Details:

Violation of Policy and Law:

Additional Information:

About Us

Browse

Facilities

Connect