Bessinger v. Department of Corrections

Defendant appeals as of right from an order of the circuit court which affirmed the decision of a Department of Corrections hearing officer, but which modified the sanction imposed. Defendant challenges the authority of the circuit court to modify the penalty. We agree with defendant and reverse the decision of the lower court.

Following a hearing, a Department of Corrections hearing officer found that Marcellia Lawson, a visitor at Southern Michigan Prison to see plaintiff, "did knowingly bring contraband into the prison in violation of prison rules”. The hearing officer upheld a decision by…