Kirkeby v. Department of Corrections

Petitioner appeals as of right from an order by the circuit court which affirmed a Department of Corrections hearing officer’s finding of a major misconduct violation.

Petitioner is an inmate at the State Prison of Southern Michigan. On September 27, 1983, he was issued a major misconduct violation after a container of dried bleach was found in his cell. Petitioner brought a petition for judicial review of the final administrative decision in accordance with MCL 24.301 et seq.; MSA 3.560(201) et seq. The circuit court dismissed his petition based in part on lack of jurisdiction.

Petitioner’s…