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IL Prisoner’s Appeal of Prison Disciplinary Proceeding Dismissed as Unbelievable
Kenneth R. Dye, an Illinois state prisoner, appealed in state court the outcome of his prison disciplinary proceeding. He argued that he wasn’t served with notice of the charges against him or allowed to attend the hearing. His institutional appeal was denied because guards stated he had been served with notice and given a chance to go to the hearing.
The trial court dismissed the case because, as prison guards had controverted Dye’s sworn allegations, he must have been lying. He appealed.
On appeal, the Appellate Court of Illinois, 4th District, affirmed the trial court, holding that it was the trial judge’s job to decide who was more credible. See: Dye v. Pierce, 369 Ill.App.3d 683, 868 N.E.2d 293 (Ill.App. 4 Dist. 2006).
The trial court dismissed the case because, as prison guards had controverted Dye’s sworn allegations, he must have been lying. He appealed.
On appeal, the Appellate Court of Illinois, 4th District, affirmed the trial court, holding that it was the trial judge’s job to decide who was more credible. See: Dye v. Pierce, 369 Ill.App.3d 683, 868 N.E.2d 293 (Ill.App. 4 Dist. 2006).
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Related legal case
Dye v. Pierce
| Year | 2006 |
|---|---|
| Cite | 369 Ill.App.3d 683, (Ill.App. 4 Dist. 2006) |
| Level | State Court of Appeals |
| Injunction Status | N/A |