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WA Prisoner Gets Major Infraction Dismissed After Filing PRP

Rahih Aboul-Hosn, a Washington state prisoner, filed a Personal Restraint
Petition (PRP), in the Washington Court of Appeals, Division I, claiming
that his due process rights were violated at a major infraction hearing,
for an infraction he received while at the Monroe Correctional
Complex-Minimum Security Unit (MCC/MSU).

On August 29, 2002, a cell search was conducted on Aboul-Hosn's cell at
MCC/MSU. Aboul-Hosn, was pat searched by a guard prior to the cell search,
Lewis, another prison guard told Aboul-Hosn to go to the day room and wait
until the search was over. Lewis, later claimed that Aboul-Hosn, was in
possession of a bag of pills when he was searched, and that she later
identified the pills as Vicoden a controlled substance. Aboul-Hosn, was
then placed in segregation and charged with violating WAC-03 (possession of
a controlled substance).

On September 9, 2002, Aboul-hosn, went to the infraction hearing and was
denied the right to: a) see the evidence used against him; b) have live
witness testimony (he called PLN editor Paul Wright as a witness) on his
behalf; c) the right to get any testimony from any of the witnesses he
requested. Aboul-Hosn, argued that he was not in possession of the pills
and that one of the guards present during the search could confirm that,
and he argued that he had the right to live witness testimony. Revels, the
prison guard who held the hearing, told Aboul-Hosn, that he did not care
what his rights were and that he never gave prisoners "live witness
testimony". Revels, found Aboul-Hosn guilty and sanctioned him with 60 days
loss of good time and kept him in segregation pending a transfer.
Aboul-Hosn appealed to the superintendent and the guilty finding was
upheld. After almost 2 months in segregation, he was transferred to the
Washington Corrections Center (WCC).

In November of 2002, Aboul-Hosn, filed a PRP alleging that his due process
rights were violated at the hearing when: a) he was denied the right to
live witness testimony; b) the evidence used against him was false, because
the guard claimed that he was in possession of a drug marked "Watson 439",
and according to the Physicians Desk Reference, Watson 439, did not exist.
In January of 2003, the Assistant Attorney General (AAG) responded to
Noul-Hosn's PRP. The response stated that Pat Glebe, the superintendent of
MCC, reviewed the major infraction and decided to remove it from
Aboul-Hosn's record and return his good time credits. The AAG, argued that
the action taken by the superintendent would appear to render Aboul-Hosn's
petition moot, and that the PRP should be dismissed. Aboul-Hosn, responded
and argued that he was illegally transferred from MCC/MSU, for an
infraction that he was not guilty of and that the restraint would not be
lifted until he was returned to MCC/MSU. See: Personal Restraint Petition
of Rabih Aboul-Hosn, Case no. 51455-5-I (Wash.App.Div.I, 2003). See also:
In re PRP of Aboul-Hosn, Case no. 52598-1-T (Wash.Apo.Div.I, 2003).

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Related legal case

In re PRP of Aboul-Hosn