Hrbek v. State

NEUMAN, Justice.

The sole question posed by this appeal is whether expungement of a prisoner’s record, rather than rehearing, is the proper remedy for substantial due process violations that infect a prison disciplinary action. Under the institution’s own rules, it appears that expungement is required. We therefore reverse the district court’s order for rehearing and remand for an order of expungement.

Petitioner John Hrbek is serving a life sentence at the Iowa State Penitentiary (ISP). He works in the prison as a clerk-typist. In September 1986, while Hrbek was at his work station,…