Billy Ray Dawson v. William French Smith & Harold G. Miller, 719 F.2d 896 (7th Cir. 1983). · Go Syfert
Billy Ray Dawson v. William French Smith & Harold G. Miller, 719 F.2d 896 (7th Cir. 1983). Cases Citing This Book View Copy Cite
129 citation events (8 in the last 25 years) across 22 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
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Cited for
At page 899 Balancing inmate rights with informant confidentiality in discipline26 citing cases“contains ... sufficient additional information to bolster the reliability of the confidential information;”1 citing court quotes it · passage not found verbatim in the opinion (86%) · passage not found verbatim in the opinion (88%) · 24 listed here · 1 cautionary
  • Charles Mendoza v. Harold G. Miller, Warden, 779 F.2d 1287 (7th Cir. 1985).published Cited "but see" · 12 cites
    (suggesting that only those procedures specifically mandated by the Supreme Court are required in prison disciplinary proceedings)
  • Chairez v. Ottensmeier, No. 3:25-cv-00062 (S.D. Ill. Jan. 23, 2025).
    Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983).
  • Todd Ashker v. Gavin Newsom, 81 F.4th 863 (9th Cir. 2023).published
    (deferring to prison officials’ judgment concerning confidential information disclosure and concluding that “we leave it to prison officials to make judgments in these sensitive matters; as all too often they happen to b…)
  • Hess v. Bd. of Trs. of S. Illinois Univ., 149 F. Supp. 3d 1027 (S.D. Ill. 2015).published
    Id. at 7 (citing Hensley v. Wilson, 850 F.2d 269, 275-76 (6th Cir.1988); Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984); Howard v. Wilkerson, 768 F.Supp. 1002 (S.D.N.Y…
  • Herring v. Gorczyk, 789 A.2d 955 (Vt. 2001).published
    See, e.g., Taylor v. Wallace, 931 F.2d 698, 702-03 (10th Cir. 1991); Freitas v. Auger, supra; Hensley v. Wilson, 850 F.2d 269, 276-77 (6th Cir. 1988); Henderson v. Carlson, 812 F.2d 874 , 879-80 (3d Cir.), cert. denied, 484 U.S. 837 (1987)…
  • Evans v. Vose, 89 F.3d 823 (1st Cir. 1996).unpublished
    See Hensley v. Wilson, 850 F.2d 269, 277 (6th Cir.1988) ("[a]t a very minimum, the investigator must report that a particular informant has proved reliable in specific past instances"); Zimmerlee v. Keeney, 831 F.2d 183, 187 (9th Cir.1987)…
  • Curtis Lee Pride v. Howard Peters, III, 72 F.3d 132 (7th Cir. 1995).published
    When confidential information is used, however, the release of "specific factual information ... would seriously risk exposing the confidential informant's identity." Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983); cert. denied, 466 U.S…
  • Willie B. Hadley, Jr. v. Howard A. Peters, III, 70 F.3d 117 (7th Cir. 1995).unpublished
    Id., 779 F.2d at 1293 ; Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 (1984).
  • Christopher Novak v. Thomas Huskisson, 27 F.3d 569 (7th Cir. 1994).unpublished
    Id., 779 F.2d at 1293 ; Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 (1984).
  • Hadley v. Peters, 841 F. Supp. 850 (C.D. Ill. 1994).published
    Id., 779 F.2d at 1293 ; Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984).
Show 14 more citing cases
  • Spaulding v. Collins, 867 F. Supp. 499 (S.D. Tex. 1993).published
    Through its review of the confidential information, “the court may determine that the facts contained therein make it inherently rehable and, therefore, that the committee implicitly adopted the credibility determination made by the prison…
  • Kevin Richardson v. Donald Selsky, Clement Capuano, William Fenton, Bernard Lonczak, 5 F.3d 616 (2d Cir. 1993).published 2 cites
    Relying upon Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984), Smith v. Rabalais, 659 F.2d 539 (5th Cir. Unit A Oct. 1981), cert. denied, 455 U.S. 992 , 102 S.Ct. 1619 ,…
  • Farr v. Blodgett, 810 F. Supp. 1485 (E.D. Wash. 1993).published
    Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983); McCollum, 695 F.2d at 1048 .
  • James v. State, 479 N.W.2d 287 (Iowa 1991).published 2 cites
    See McKinney v. Meese, 831 F.2d 728, 731 (7th Cir.1987); Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983).
  • Lorenzo Turner v. Michael P. Lane Marjorie Donahue Robert Motley J. Kirk & R.D. Johnson, 947 F.2d 948 (7th Cir. 1991).unpublished
    In Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 (1984), this court held that if confidential information is relied upon in a prison disciplinary proceeding, there must be some indicia of th…
  • Clifton Wells v. Thomas R. Israel, Superintendent, 854 F.2d 995 (7th Cir. 1988).published 2 cites
    McCollum v. Miller, 695 F.2d 1044 (7th Cir.1982) [McCollum I]; Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984).
  • Gerardo v. NJ State Parole Bd., 534 A.2d 1037 (N.J. Super. Ct. App. Div. 1987).published
    See Mendoza v. Miller, 779 F. 2d 1287, 1293 (7th Cir.1985), cert. den. 476 U.S. 1142 , 106 S.Ct. 2251 , 90 L.Ed. 2d 697 (1986); Dawson v. Smith, 719 F. 2d 896, 899 (7th Cir.1983); Kyle v. Hanberry, 677 F. 2d 1386, 1390 (11th Cir.1982).
  • Terry Zimmerlee v. J.C. Keeney, Superintendent, Oregon State Penitentiary, 831 F.2d 183 (9th Cir. 1987).published 2 cites
    Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984); Mendoza, 779 F.2d at 1293 .
  • Gerald McCollum Clifton C. Piggie-Bey, Harry L. Greene-El & Reynaldo Ramirez-Rodriguez v. Jerald Williford, Warden, 793 F.2d 903 (7th Cir. 1986).published
    In Davison v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984), this circuit explicitly held “that when confidential information is the basis for a prison disciplinary decision th…
  • Ruben Ramirez Sanchez v. H.G. Miller, Warden, United States Penitentiary, Marion, Illinois, 792 F.2d 694 (7th Cir. 1986).published 6 cites
    In Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984), however, McCollum was apparently interpreted to require a reliability finding whenever information relied upon by th…
  • Hudson v. Cady, 610 F. Supp. 1096 (E.D. Wis. 1985).published
    Pris *1099 on disciplinary proceedings present a unique and difficult situation, and “until the Supreme Court mandates other procedures, (the court must) leave it to prison officials to make judgments in these sensitive matters; as all too…
  • Niday v. State, 353 N.W.2d 92 (Iowa 1984).published
    The statement found in Dawson v. Smith, 719 F.2d 896, 899 (7th Cir.1983), appropriately expresses our view: While it may have been preferable in a legal context that the IDC [Institution Disciplinary Committee] findings included an assessm…
  • Morris v. Auger, 414 N.W.2d 858 (Iowa Ct. App. 1987).published 2 cites
    See Dawson v. Smith, 719 F.2d 896 at 899 (7th Cir.1988).
  • Albert E. Taylor v. James Wallace, David Miller, Dolores Ramsey, 931 F.2d 698 (10th Cir. 1991).published
    (no due process violation found because court determined committee adopted credibility determination made by investigator after in camera review revealed “more than sufficient additional information to bolster the reliab…)
At page 898 Due process rights in prison disciplinary proceedings11 citing cases“any procedure depriving a federal prison inmate of earned statutory good time credits must comport with the due process requirements of the constitution.”2 citing courts quote it · 10 listed here
  • Johnson v. Dye, No. 3:19-cv-00444 (S.D. Ill. Dec. 7, 2021).
    Potential identification is not the only possible factor chilling further cooperation between investigators and prisoners as the realities of prison life make the danger of retaliation against informants “much more than a theoretical possi…
  • Johnson v. Dye, No. 3:19-cv-00444 (S.D. Ill. Sept. 29, 2021).
    Potential identification is not the only possible factor chilling further cooperation between investigators and prisoners as the realities of prison life make the danger of retaliation against informants “much more than a theoretical possi…
  • Wade v. Farley, 869 F. Supp. 1365 (N.D. Ind. 1994).published 2 cites
    Mendoza v. Miller, 779 F.2d 1287 (7th Cir.1985), cert. denied, 476 U.S. 1142 , 106 S.Ct. 2251 , 90 L.Ed.2d 697 (1986); Dawson v. Smith, 719 F.2d 896, 898-99 (7th Cir.1983).
  • Laird v. McBride, 858 F. Supp. 822 (N.D. Ind. 1993).published
    Mendoza v. Miller, 779 F.2d 1287 (7th Cir.1985), cert. denied, 476 U.S. 1142 [ 106 S.Ct. 2251 , 90 L.Ed.2d 697 (1986); Dawson v. Smith, 719 F.2d 896, 898-99 (7th Cir.1983).
  • Smith v. Farley, 858 F. Supp. 806 (N.D. Ind. 1993).published 3 cites
    Mendoza v. Miller, 779 F.2d 1287 (7th Cir.1985), cert. denied, 476 U.S. 1142 , 106 S.Ct. 2251 , 90 L.Ed.2d 697 (1986); Dawson v. Smith, 719 F.2d 896, 898-99 (7th Cir.1983).
  • Ping v. McBride, 888 F. Supp. 917 (N.D. Ind. 1993).published 2 cites
    Mendoza v. Miller, 779 F.2d 1287 (7th Cir.1985), cert. denied, 476 U.S. 1142 , 106 S.Ct. 2251 , 90 L.Ed.2d 697 (1986); Dawson v. Smith, 719 F.2d 896, 898-99 (7th Cir.1983).
  • Daniel Eugene Bifield v. Gary Henman, 927 F.2d 607 (7th Cir. 1991).unpublished
    Wolff, 418 U.S. at 564 ; Dawson v. Smith, 719 F.2d 896, 898 (7th Cir.1983).
  • Willie Williams, on Behalf of Himself & All Others Similarly Situated v. Michael P. Lane, Dir. of the Illinois Dep't of Corr., 851 F.2d 867 (7th Cir. 1988).published 2 cites
    (prison disciplinary committee need not disclose source of confidential report)
  • Brown v. Smith, 828 F.2d 1493 (10th Cir. 1987).published
    Dawson v. Smith, 719 F.2d 896, 898 (7th Cir.1983); Jackson v. Carlson, 707 F.2d 943, 946 (7th Cir.), cert. denied, 464 U.S. 861 , 104 S.Ct. 189 , 78 L.Ed.2d 167 (1983). "[A]ny procedure depriving a federal prison inmate of earned statutory…
  • Harper v. State, 397 N.W.2d 740 (Iowa 1986).published
    Dawson v. Smith, 719 F.2d 896, 898-99 (7th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984).
At page 897 notice only stated that inmate and his cellmate had planned to escape during October, 1977; all other information and its sources were confidential; held that notice was adequate and that providing prisoner with any more information would expose confidential informant’s identity and result in secur…2 citing cases1 citing court put it this way
  • James Edward Wagner v. Jerry T. Williford, Warden, 804 F.2d 1012 (7th Cir. 1987).published
    See, e.g., Mendoza v. Miller, 779 F.2d at 1290 (IDC hearing held on April 3, 1981); Dawson v. Smith, 719 F.2d at 897 (IDC hearing held on October 25,1977); and Jackson v. Carlson, 707 F.2d at 946 (federal appeals not filed until 1981 and 1…
  • James v. State, 541 N.W.2d 864 (Iowa 1995).published
    (notice only stated that inmate and his cellmate had planned to escape during October, 1977; all other information and its sources were confidential; held that notice was adequate and that providing prisoner with any mor…)
At page 900 tial evidence. In Jackson v. Carlson, supra, our court recently discussed the standards applicable to the review of prison disciplinary proceedings. “[U]nless…1 citing caseopening of page *900 (no citing court says what it cites this page for)
  • Superintendent, Mass. Corr. Inst. at Walpole v. Hill, 472 U.S. 445 (1985).published 2 cites
    See Brown-Bey v. United States, 720 F. 2d 467, 469 (CA7 1983); Dawson v. Smith, 719 F. 2d 896, 900 (CA7 1983); Jackson v. Carlson, 707 F. 2d 943, 949 (CA7), cert. denied sub nom.
Other citing cases6 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Billy Ray DAWSON, Petitioner-Appellant,
v.
William French SMITH and Harold G. Miller, Respondents-Appellees
82-2077.
Court of Appeals for the Seventh Circuit.
Oct 7, 1983.
Published opinion
719 F.2d 896
Robert C. Babione, Asst. Fed. Public Defender, East St. Louis, Ill., for petitioner-appellant., Frederick J. Hess, U.S. Atty., Richard H. Lloyd, Asst. U.S. Atty., East St. Louis, Ill., for respondents-appellees.
Pell, Posner, Coffey.
Cited by 60 opinions  |  Published
COFFEY, Circuit Judge.

Petitioner Billy Ray Dawson, an inmate at the federal penitentiary in Marion, Illinois, appeals to this court from the denial of his petition for a writ of habeas corpus. Dawson asserts that he was denied due process of law in a prison disciplinary proceeding while he was incarcerated at the federal penitentiary in Terre Haute, Indiana, after a confidential informant advised prison authorities that Dawson intended to escape.

I.

On October 24, 1977, while confined at the federal penitentiary, Terre Haute, Indiana, Dawson was the subject of an incident report which indicated that he “planned to escape.” The report specified that:

“Information indicates that Subject and his cell partner, PARTIN, Billy W., # 20273-101, did during the month of October — 1977—plan to escape from inside the confines of the United States Penitentiary, Terre Haute, Indiana. The source of this information is considered to be reliable and will remain CONFIDENTIAL to ensure the orderly running of the institution.”

That same day Dawson was provided with a copy of the incident report and after a “minor disciplinary action” hearing the incident was referred to the Institution Disciplinary Committee (“IDC”) for further action. A hearing date was set and Dawson was informed in writing of his rights before the IDC including his right to representation by a staff member, the right to call witnesses, and the right to be advised of the IDC decision. He also had the right to be advised of the facts providing the basis for the IDC’s decision, unless such disclosure might tend to jeopardize institutional safety.

On October 25, 1977, Dawson appeared before the IDC and after being confronted with the charge against him, he denied the same. The IDC then found that Dawson did indeed plan to escape as charged. The IDC imposed a forfeiture of 100 days of statutory good time and ordered that he be placed in disciplinary segregation. The Committee based its decision finding Dawson guilty on the contents of the disciplinary report, the investigative summary, and Dawson’s statements before the IDC. Shortly thereafter in December of 1977, Dawson was transferred to the maximum security Federal Penitentiary in Marion, II[*898] linois. He asserts this transfer was a “direct result” of the IDC findings that he planned to escape.

In denying Dawson parole on December 13, 1979, the United States Parole Commission cited Dawson’s “institutional misconduct” as a factor in their decision. [1] On August 20,1981, Dawson brought this habeas corpus action in the United States District Court for the Southern District of Indiana and on November 4, 1981, the case was transferred to the Southern District of Illinois pursuant to 28 U.S.C. § 1404. Prior to his bringing this action, Dawson exhausted his administrative appeals of the IDC decision.

Pursuant to an agreement between the parties, a hearing on Dawson’s petition was conducted by Magistrate Kenneth J. Meyers. At the time of the hearing it was agreed that the case would be submitted on pleadings and exhibits and in addition Dawson and court-appointed counsel made statements before the court. The magistrate denied issuance of the writ after reviewing all of the materials presented to him, including a copy of the confidential informant’s report of the planned escape. The magistrate ruled that the record showed “without question that there was more than substantial evidence to support the decision” of the IDC. The petitioner appeals.

II.

Dawson’s main argument before this court is that he was denied due process of law as he was not provided with any of the facts upon which the charge was based and was thus unable to adequately defend himself. He also argues that when confidential information is used as the basis for prison disciplinary action, there must be some indication'of the reliability of the information and specific reasons must be set forth as to why the identity of the source should remain confidential.

Our court in Jackson v. Carlson, 707 F.2d 943 (7th Cir.1983), ruled that 18 U.S.C. § 4161 “creates a right to good-time credits — that is, a firm expectation that if the prisoner complies with specified conditions he will automatically earn the credits and be released earlier — a deprivation of that right is a deprivation of liberty.” Id. at 946. See also Hewitt v. Helms, - U.S. -, 103 S.Ct. 864, 74 L.Ed.2d 675 (1983). It follows that any procedure depriving a federal prison inmate of earned statutory good-time credits must comport with the due process requirements of the Constitution.

In Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), the Supreme Court established minimum requirements of procedural due process to be afforded to prisoners in disciplinary proceedings. Among these minimum requirements is notice sufficient “to inform [the prisoner] of the charges and to enable him to marshal the facts and prepare a defense.” Id. at 564, 94 S.Ct. at 2978. However, our Supreme Court has recently reaffirmed that:

“The requirements imposed by the [Due Process] Clause are, of course, flexible and variable dependent upon the particular situation being examined.... In determining what is ‘due process’ in the prison context, we are reminded that ‘one cannot automatically apply procedural rules designed for free citizens in an open society ... to the very different situation presented by a disciplinary proceeding in a state prison.’ Wolff v. McDonnell, supra, 418 U.S. at 560, 94 S.Ct. at 2976. ‘Prison administrators ... should be accorded wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security.’ Bell v. Wolfish, 441 U.S. 520, 547, 99 S.Ct. 1861, 1877, 60 L.Ed.2d 447 (1979).”

Hewitt v. Helms, 103 S.Ct. at 872 (citations omitted).

[*899] We have examined the specific confidential information referred to concerning Dawson’s planned escape and conclude that if Dawson were to be provided with any more specific factual information, it would seriously risk exposing the confidential informant’s identity. Should this occur, there would most certainly be a grave danger of retaliation against the informant and institutional security would be jeopardized. We so conclude because:

“[t]he reality is that disciplinary hearings and the imposition of disagreeable sanctions necessarily involve confrontations between inmates and authority and between inmates who are being disciplined and those who would charge or furnish evidence against them. Retaliation is much more than a theoretical possibility; and the basic and unavoidable task of providing reasonable personal safety for guards and inmates may be at stake, to say nothing of the impact of disciplinary confrontations and the resulting escalation of personal antagonisms on the important aims of the correctional process.”

Wolff v. McDonnell, 418 U.S. at 562, 94 S.Ct. at 2977. Providing petitioner with specific reasons as to why the source’s identity should remain confidential would ignore the harsh realities of prison society as recognized in Wolff v. McDonnell. It is common knowledge that information quickly travels through the prison “grapevine” and it would be no time at all before a suspected informer would be “dealt with.” Petitioners in cases such as this should be provided with the specific information upon which the charges against them are based except when there is danger that the disclosure will serve to aid in the identification of the confidential informant.

Petitioner Dawson also argues that when confidential information is the basis for a prison disciplinary decision there must be some indication of reliability. We agree. Our court has recognized this in previous decisions. In McCollum v. Miller, 695 F.2d 1044 (7th Cir.1983), we remanded a similar habeas corpus case where the only showing as to the credibility of a confidential informant was that “confidential sources had proved reliable in the past . ... ” Id. at 1049. In that ease there was no indication that the specific source relied upon was reliable. The case now before us is distinguishable. The prison investigator’s incident report specifically recites that the source of the confidential information was “considered to be reliable.” Furthermore, our review of the confidential information provided to the magistrate in camera compels us to conclude that it contains more than sufficient additional information to bolster the reliability of the information relating to Dawson’s proposed escape.

While it may have been preferable in a legal context that the IDC findings included an assessment of the credibility of the confidential informant, the failure of the IDC to do so does not rise to the level of a due process violation. After reviewing the materials the IDC had before it — the incident report, the investigator’s summary and the confidential information — we have no reason to believe that the IDC did not adopt the credibility determination made by the prison investigator. The Supreme Court has recognized that “prison officials have broad administrative and discretionary authority over the institutions they manage” because prison administration “is ‘at best an extraordinarily difficult undertaking’ ....’’ Hewitt v. Helms, 103 S.Ct. at 869 (quoting Wolff v. McDonnell, 418 U.S. at 566, 94 S.Ct. at 2979). Furthermore, our circuit has recognized that it is inherently dangerous to even attempt to determine the reliability of an informant since such efforts could jeopardize lives and the willingness of informants to continue providing information. McCollum v. Miller, 695 F.2d at 1049.

Until the Supreme Court mandates other procedures, we leave it to prison officials to “make judgments in these sensitive matters; [as all too often] they happen to be matters of life and death.” McCollum v. Miller, 695 F.2d at 1049. The showing of credibility made in the present case was sufficient to provide Dawson with due process.

III.

Dawson also argues that the IDC determination is not supported by substan[*900] tial evidence. In Jackson v. Carlson, supra, our court recently discussed the standards applicable to the review of prison disciplinary proceedings. “[U]nless we are persuaded that no reasonable adjudicator could have found the prisoner guilty of the offense charged on the basis of the evidence presented ... we cannot conclude that there was a denial of due process ... . ” 707 F.2d at 949 (citations omitted). After a review of the evidence presented to the IDC in the case before us we refuse to conclude that there was a denial of due process. We “cannot automatically apply procedural rules designed for free citizens in an open society ... to the very different situation presented by a disciplinary proceeding in a ... prison.” Wolff v. McDonnell, 418 U.S. at 560, 94 S.Ct. at 2976.

IV.

For the reasons discussed herein, the order of the district court is AFFIRMED.

1

. The Commission noted that Dawson’s October 1979 Progress Report reflected that Dawson was “involved in serious and numerous violations resulting in the forfeiture of 404 days of statutory time.”