State Ombudsman calls 2008 prison discipline excessive

DES MOINES - An Iowa prison warden and administrative law judge violated a Fort Dodge inmate's due process rights when deciding a penalty for a 2008 disciplinary case, according to an investigation by the Iowa Ombudsman's Office.

Although Randy Linderman, an inmate at the Fort Dodge Correctional Facility in May 2008, did get into a verbal argument with a correctional office and chest bumped him three times, the 180 days in solitary confinement and loss of 180 days of earned time Linderman received was 'excessive” and 'disproportionate to the offense,” according to the 62-page report released Monday.

The Ombudsman also said Fort Dodge Warden Cornell Smith improperly suggested Administrative Law Judge Deb Edwards ratchet up the penalty on Linderman.

The office gave the Iowa Department of Corrections nine recommendations, including expunging Linderman's record of the 2008 offense and prohibiting prison staff from communicating with ALJs about disciplinary evidence or sanctions under consideration.

Former Department of Corrections Director John Baldwin called the report 'factually inaccurate” in a Jan. 21 response, but did not cite inaccuracies. Baldwin, who retired Jan. 29, said he disagreed with the agency's recommendations and would not make changes.