Plaintiffs Attorney Jose Quinones, ProSe Maine State Prison
Defendant's Attorney Jim Fortin, MG Jason Theobald, MG
DECISION AND ORDER AFTER REMAND
WILLIAM R. STOKES JUSTICE
matter before the Court is an appeal by Jose Quinones, 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. 8OC.
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 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, Petitioner (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 Gracia, 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, Gracia 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, Petitioner 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, Petitioner 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 Gracia called Jose Santiago and discussed
arrangements to pick "it" up. Gracia also asked
Carmen to open the package and count "them." She
said she only received 45 and Gracia was upset because he
paid $600 for 50. She told Gracia 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. Quinones v.
Me. DepH of Corr., No. AP-17-22, 2017 Me. Super. LEXIS
291 (Dec. 20, 2017). Disciplinary Matter No. MSP-2017-0476
was reversed and ...