No. 22-6033

Daniel A. Schillinger v. Josh Kiley, et al.

Lower Court: Seventh Circuit
Docketed: 2022-11-09
Status: Denied
Type: IFP
IFP
Tags: allow complaint amendment and exclude witnesses violates a prisoner's due p administrative-procedure civil-rights disciplinary-proceedings due-process institutional-safety prison prison-disciplinary-proceedings witness witness-testimony
Latest Conference: 2023-01-06
Question Presented (from Petition)

1) The DOG prison had failed to give me a copy of the video tape
of the assault taking place on Sept. 17, 2015.

2) I did allege to the federal court at one time that I had head
trauma and memory loss and needed help on my complaint. They
told me it don't matter.

3) And the administrative authority never gave me an opportunity
to amend my complaint if there was a mistake.

4) Josh Kiley and Randy Starkey had ignored my verbal statement
to them on the threats, when they asked me if I was okay.

5) These two C/O'S Randy Starkey, Josh Kiley had failed to protect
me, when giving verbal warnings. Why?

6) This witnesses are aware of everything that happened to me and
also heard the verbal conversations.

A) This case presents a fundamental question of the interpretation
of this courts decision. The question presented is of great
public importance because it affects the operations of the
prison systems in all 50 states, District of Columbia, and of
the hundreds of city and county jails. In view of the large
amount of litigation over prison disciplinary proceedings,
guidance on the question is also of great importance to prison-
, because it affects their ability to receive fair decisisions in proceedings that may result in months or years of added
incarceration.

B) the common sense understanding of "calling" a witness into
the proceeding to give testimony, and there are security and
came to ensure institutional safety of inmates ?

C) The lower courts reasoning that witnesses never need actually
appear at the hearing is unconvincing. The standard permits prison officials to exercise their Discretion to exclude them,
witnesses when a particular case warrants it, prisoners haveright to call witnesses when there is no reason to exclude
them. Court should make it clear that witnesses called by the
prisoner should appear at the hearing. And the prisoner was
never called to the hearing, at the time to dispute his facts.

Question Presented (AI Summary)

Whether the DOC prison failed to provide the petitioner with a copy of the video tape of the assault, whether the petitioner was denied the opportunity to amend his complaint, whether the prison officials failed to protect the petitioner from threats, and whether the petitioner was denied the right to call witnesses

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2022)

Attorneys

Daniel A. Schillinger
Daniel A. Schillinger — Petitioner