O'DEA v. Clark

WILHOIT, Judge.

These appeals are from judgments in nine eases in which the lower court applied Byerly v. Ashley, Ky.App., 825 S.W.2d 286 (1991), cert. denied, - U.S. -, 113 S.Ct. 364, 121 L.Ed.2d 277 (1992), vacating administrative punishment of inmates at the Eastern Kentucky Correctional Facility imposed for the “unauthorized use of drugs or intoxicants.” The Byerly v. Ashley case was decided December 6, 1991, and became final when the Kentucky Supreme Court denied discretionary review on April 1,1992. In that decision, this court held that the failure of prison authorities to establish a…