It was ok for prison officials to record over relevant video tape despite inmate's request for preservation

Whitmore v. Jones, 2012 WL 2948178 (7/20/12) (Okl.) (unpub'd) - With respect to a disciplinary hearing, the failure to provide an inmate with a video tape of an alleged incident may violate the inmates' procedural due process rights under certain circumstances. But "the opportunity to present documentary evidence has never been extended to require prison officials to gather, review or preserve evidence that a prisoner might find helpful." In this case, the 10th was okay with prison officials recording over the relevant video tape after the inmate requested that the tape be preserved. The relevant officer's "workload" may have prevented her from immediately reviewing the request.