George Goff, Appellee/cross-Appellant v. Steve Dailey, Superintendent of Clarinda Richard Huckins, Correctional Officer, Appellants/cross-Appellees

This appeal presents an issue of first impression in the courts of appeals: can a prison disciplinary board find an inmate guilty of violating a prison rule or regulation on something less than a preponder-*1443anee of the evidence? 1 The only circuit to have addressed this issue, albeit in dicta, was the Third, in which it indicated that

[i]f [the appellant] is correct in his assertion that [the prison regulation] provides for a burden of proof lower than a preponderance of the evidence, then it follows that an inmate can be punished for acts which he in all probability did not commit. We have…