Plaintiffs Attorney Felix Gracia, Pro Se
Defendant's Attorney Jim Fortin, AAG
DECISION AND ORDER AFTER REMAND
William R. Stokes Justice
matter before the Court is an appeal by Felix Gratia, an
inmate at the Maine State Prison, from a disciplinary
proceeding that resulted in the imposition of sanctions
against him for the offense of "trafficking," a
Class A violation. This appeal has been brought in accordance
with 5 M.R.S. §§ 11001-11008 (Administrative
Procedure Act) and M.R. Civ. P. 80C.
AND PROCEDURAL BACKGROUND
out in the Disciplinary Hearing Reports dated March 21, 2017
and authored by Lt. Lidia Burnham, the facts are as
January 12, fellow inmate Felix Gracia (Petitioner) gave his
sister, Carmen, a phone number for "Ramon's
nephew" and told her to give him $600 and that
"they are 50."
January 12 and January 16, fellow inmate Jose Quinones (whose
full name is Jose Ramon Natal Quinones) called his nephew to
tell him that a woman from Connecticut, who Lt. Burnham
parenthetically states is Carmen, was going to give him $600
and that her brother, parenthetically noted as Petitioner,
was going to buy "50 chickens for $600". Lt.
Burnham parenthetically interprets "50 chickens for
$600" to mean 50 strips of Suboxone for $600.
days later, on January 16, Petitioner spoke with Carmen and
told her to call the "guy" and tell him to remove
the tinfoil. According to Lt. Burnham's report, Suboxone
comes in individual packages with tinfoil on the inside.
January 18, Quinones called Carmen who said his nephew had
not called. He gave her his nephew's phone number and
told her to text him. On Friday January 20, Quinones called
his nephew who said that the package would arrive Tuesday or
package was delivered to Carmen on January 26, and on the
same day Petitioner called Jose Santiago and discussed
arrangements to pick "it" up. Petitioner also asked
Carmen to open the package and count "them." She
said she only received 45 and Petitioner was upset because he
paid $600 for 50. She told Petitioner on February 2 that when
the "guy," parenthetically noted as Santiago,
showed up at her house she gave him 50.
Suboxone had arrived at the prison by the time Lt.
Burnham's report was submitted on March 21.
March 30 the first disciplinary hearing was held and
Petitioner was found guilty. (C.R. 9.) The guilty finding was
affirmed by the Chief Administrative Officer or designee.
(C.R. 15.) Upon Petitioner's appeal to the Superior Court
pursuant to 5 M.R.S. §§ 11001-11008 and M.R. Civ.
P. 80C, this Court granted Judicial Review in its December
18, 2017 Decision and Order after finding a number of
procedural violations in the first hearing. Gracia v. Me.
Dep't of Corr., No. AP-17-20, 2017 Me. Super. LEXIS
290 (Dec. 20, 2017). Disciplinary Matter No. MSP-2017-0478
was reversed and ...