Boles v. BARTRUFF

Judge TAUBMAN

dissenting.

Because I would conclude that plaintiff, Russel M. Boles, was denied due process at his disciplinary hearing since he was not allowed to cross-examine the complaining officer about her alleged anti-semitism, I respectfully dissent.

As the majority notes, plaintiff was found to have violated a provision of the Code of Penal Discipline (COPD) of the Department of Corrections entitled, "Abuse of Medication," a class II, Rule 14 violation. The charge was based on the alleged discovery of two prescription pills in a dental floss container on a shelf in his assigned…