In re Personal Restraint Petition of Lonnie Lee Burton

[80 WashApp Page 575] AGID, J. -- Lonnie Burton and Alonzo Warren petition for relief from sanctions imposed as a result of prison disciplinary proceedings arguing that those sanctions constitute an unlawful restraint within the meaning of RAP 16.4(c). They contend that the requirement that they show actual and substantial prejudice in order to maintain a personal restraint petition (PRP) in a prison disciplinary proceeding has been eliminated by the Washington Supreme Court's holding in In re Cashaw, 123 Wash. 2d 138, 866 P.2d 8 (1994). We conclude that Cashaw does not apply to prison disciplinary proceedings. Because neither Burton nor Warren has shown that he sustained actual and substantial prejudice or that his minimal due process rights were violated as a result of the proceedings, we deny both of their PRPs.