Daniel A. B. Tucker v. Government Employees Insurance Company

Leroy Jerry, an inmate in the state correctional institution, was charged by the Department of Offender Rehabilitation (DOR) with unarmed assault in violation of Florida Administrative Code Rule 33-3.08(2). He was found guilty, placed in disciplinary confinement and served his penalty. He then attacked the above Rule in a Section 120.56, Florida Statutes (Supp.1976), proceeding. Rule 33-3.08 sets forth the procedure procedure by which an inmate is subjected to disciplinary confinement and forfeiture of gain-time. Authority for the Rule is derived from Section 944.28, Florida Statutes (1975), which allows forfeiture of all or part of gain-time earned by a prisoner should he be guilty of certain specified acts, including assault.