Monday, February 9, 2009

February 12, 2007

Louisiana State Penitentiary
Angola, Louisiana
Decision Regarding Appeal of Disciplinary Action
Appeal Number: LSP-2007-0043-W

Inmate's Name:
Patrick Brasseaux 329406
Housing Assignment: CBB L/R
Date of Report: 12/21/2006
Date of Hearing: 01/08/2007
Original Charge: Rule #30W, General Prohibited Behavior
Plea: Not Guilty
Charge Found Guilty Of: Rule #30W, General Prohibited Behavior
Sentence: Custody Change to Maximum (Working CellBlock)
Imposed or Suspended: Imposed
Date of Appeal Decision: 2-12-07 (this was handwritten)
Decision: Denied

Appellant was issued a disciplinary report on 12/21/2006 for a violation of Rule #30W, General Prohibited Behavior. He was provided a hearing by the Disciplinary Board on 01/08/2007 and was found guilty. Appellant received a sentence of a custody change to maximum (working cellblock).

Appellant argues on appeal that the contents of the investigation report do not provide sufficient evidence to support a finding of guilt.

Appellant has presented no evidence to refute the charge. The letter stamped in the warden's office on 12/13/2006 addressed "Dear Judas the Buddhist" is sufficient to uphold the charge of Rule #30w in that the contents threaten security or stability of the facility or well being of an employee. The Disciplinary Board's decision is deemed appropriate as to the finding of the sentence imposed.

The issues raised by Appellant in this matter have been reviewed and found to be without merit. Appellant was provided a due process hearing by the Disciplinary Board. The decision of the Disciplinary Board is deemed appropriate. Appellant has presenting nothing which would justify reversal or modification of the decision rendered through the disciplinary proceedings.

The appeal is denied.


Burl Cain

BC: dld

Instructions to Inmate: If you are dissatisfied with this decision, you may appeal the decision to the Secretary of Corrections in accordance with the procedures defined in DISCIPLINARY RULES AND PROCEDURES FOR ADULT INMATES. The Secretary will only consider appeals from decisions which resulted in the imposed or suspended sentences of one or more of the following penalties: 1) Isolation; 2) Loss of Good Time; 3) Custody Change from Minimum to Medium only if it involves transfer to another institution; 4) Custody Change from Minimum or Medium to Maximum Custody; or 5) Restitution. If you wish to appeal this decision to the Secretary, indicate your desire to appeal on the line below, date and sign the document and return the yellow copy to the DISCIPLINARY APPEALS OFFICE within five (5) days of receipt of this decision.

(checked) I am not satisfied with this decision and wish to appeal to the Secretary.
Date: 2/15/07 (handwritten date) Inmate's Signature: (Patrick's signature)

Note: The reason that I indicated that the date of the appeal decision was handwritten was because the rest of it was not. In other words, the denial was made prior to Patrick appearing before the board.

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