Murphy v. Pakenham

Opinion by

Chief Judge STERNBERG.

Plaintiff, Patrick S. Murphy, an inmate of the Bent County Correctional Facility (BCCF), was disciplined for violation of rules and regulations. He sought review pursuant to C.R.C.P. 106(a)(4). The trial court dismissed the action. Murphy appeals, and we reverse and remand for further proceedings.

Murphy, who had been sentenced to the Department of Corrections (DOC), was being housed in BCCF pursuant to a contract between the DOC and Bent County. See §§ 16-11-308.5(1.5) to 16-ll-308.5(2)(a), C.R.S. (1995 Cum.Supp.). During a search of his cell, a small amount of…