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AUGUST 30, 2002; 10:00 a.m. NOT TO BE PUBLISHED

C ommonwealth O f K entucky C ourt O f A ppeals
NO. 2001-CA-001666-MR

JAMES NICK HARRISON

APPELLANT

v.

APPEAL FROM LYON CIRCUIT COURT HONORABLE BILL CUNNINGHAM, JUDGE ACTION NO. 96-CI-00187

DOUG SAPP; GARY BLACKBURN; B. BLACKWELL; DANNY BOTTOM; McELORY BURDENTTE; RAYMOND CANTERBERRY; BILL CASE; ANTHONY CLARK; JOHN DOE; GAYL DOLES; NANCY DOOM; KENNETH EHISHIDE; RON FLETCHER; CHARLES HOWELL; CARL JONES; LONNIE MATLOCK; JAMES MITCHELL; JAMES MORGAN; JUDITH MORRIS; PHILIP PARKER; DUKE PETTIT; JAMES POTTER; CHARLES RADER; CHARLIE RAMEY; ALAN SIMS; ROGER SOWDER; JOE STUART; CLARK TAYLOR; JULIE THOMAS; JOHN THOMPSON; PATTI TREAT; SERGEANT WESTERFIELD; CAROL T. WILLIAMS; AND ED WILLIAMS

APPELLEES

OPINION AFFIRMING IN PART, VACATING IN PART AND REMANDING ** ** ** ** **

BEFORE:

BARBER, COMBS AND JOHNSON, JUDGES. James Nick Harrison has appealed, pro se, from

JOHNSON, JUDGE:

an order entered by the Lyon Circuit Court on August 14, 2000, which dismissed his civil complaint which alleged violations of

his federal and state constitutional rights in connection with a prison disciplinary action. Having concluded that a large

portion of the claims contained in the amended complaint should have been transferred to the court with the proper venue based on KRS1 452.105, we affirm in part, vacate in part, and remand with directions. Harrison was an inmate at the Kentucky State Penitentiary (KSP) in Eddyville, Lyon County, Kentucky, on October 26, 1996, when he failed to return to his prison cell at the time for lockup and was charged with violating the Corrections Policies and Procedures (CPP) 15.2, Category IV-7, for failing to comply with lockup procedures. Harrison admitted

that he was not inside his cell when the doors were closed for final lockup, but he claimed that he did not have sufficient time to return from the prison yard. A disciplinary write-up report

was prepared, the report was investigated, and a hearing was held before a three-member Adjustment Committee, at which several inmates provided testimony. The Adjustment Committee found him

guilty of the offense and assessed a penalty of 45 days disciplinary segregation, suspended for 90 days.2 Harrison

challenged the disciplinary procedures in an appeal filed with the prison warden, Philip Parker. The warden concurred with the

Adjustment Committee's decision and rejected Harrison's

1

Kentucky Revised Statutes.

Under prison policies, if an inmate is not found guilty of violating a rule during the period of suspension, the penalty is vacated but the violation remains on his record. See CPP 15.6. -2-

2

procedural complaints.

The record indicates that Harrison did

not have to serve any time in disciplinary segregation. In March 1998, Harrison was transferred to the Northpoint Training Center in Boyle County. Although the current

record fails to identify the circumstances or nature of the charges, Harrison alleges that he was placed in segregation after being charged and found guilty of several disciplinary violations while at Northpoint. In February 1999, he was transferred from

Northpoint back to the KSP. On December 26, 1996, Harrison filed a civil complaint pursuant to KRS Chapter 418 and 42 U.S.C.3

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