Brown v. Stapleton, et al
4th Cir. No. 23-6888
While incarcerated at Red Onion State Prison, Demmerick Brown went to the prison barbershop to get a shave and a haircut. Because of the pandemic, he was wearing a face mask, and the barber told him to remove it for the shave. Mr, Brown did. On this basis, a guard filed a disciplinary charge against Brown, Brown was convicted of a rule violation, and he was fined fifteen dollars.
Mr. Brown brough a pro se suit in the Western District of Virginia, arguing that the fine violated his constitutional rights. The district court erroneously dismissed Mr. Brown’s complaint, reasoning that Mr. Brown did not have a property interest in his fifteen dollars and so was not entitled to due process. The court also failed to consider whether the fine was constitutionally excessive. In both respects, we argue on appeal, the district court erred.
At Red Onion State Prison, guards can issue fines at their discretion for amounts ranging from $15 to $25. This practice is especially egregious in light of the fact that the average wage for incarcerated people at Red Onion State Prison is only forty-five cents an hour.
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