Fratello v. Farrell

A search of petitioner’s prison cell recovered an altered electrical wire, an AM/FM radio and an “off duty permit” card signed by a facility deacon allowing petitioner to possess the radio. As a result, petitioner was charged in a misbehavior report with possession of contraband, unauthorized exchange and tampering with an electrical device. A tier II disciplinary hearing ensued, during which the deacon testified that he signed the permit card authorizing petitioner to use the radio. Although the Hearing Officer noted that the deacon did not have the authority to issue permission for use of…