Wednesday, September 30, 2015

Ruppert v. New Mexico Department of Corrections (DOC) (, 2015 WL 4174966 (7/13/15) (N.M.) (unpub'd) - The 10th rejects Mr. Ruppert's claim that the N.M. Department Of Corredtions and the company operating its facilities "were using crime to produce a commodity to feed the private prison sector." The 10th finds no evidence "the feeding of the prison sector" extended Mr. Ruppert's confinement. The 10th also rejects Mr. Ruppert's contention that prison officials processed a high rate of disciplinary misconduct reports to deprive inmates of rehabilitation and enhance their sentences. The 10th finds the rehabilitation statute, N.M. Stat. Ann. ยง 33-8-3, does not limit discretion so as to make rehabilitation a protected due process right.