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California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights

Loaded on Sept. 15, 2007 by John Dannenberg published in Prison Legal News September, 2007, page 34
Filed under: Disciplinary Litigation, Evidence, Searches, Cell Searches. Location: California.

Strictly construing the U.S. Supreme Court's "some evidence" rule, the California Court of Appeal held that where one cellmate had secreted contraband razor blades in his cell property, his cellmate could be infracted for them as well.

Richard Zepeda, incarcerated at Calipatria State Prison, petitioned the Imperial County Superior Court ...

 

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More from this issue:

  1. Management & Training Corp. Struggles to Maintain Market Share, by Gary Hunter
  2. Houston Jail Has Highest Number of Deaths in Texas: 101, by Gary Hunter
  3. From the Editor, by Paul Wright
  4. Florida Jails: State’s Largest Mental Health Providers, by David Reutter
  5. Chains of Love, by Siobhan O'Connor
  6. Gannet New Jersey’s Witch Hunt for Public Employees with Criminal Records, by Matthew Clarke
  7. Colorado Investigates Former Prison Director for Malfeasance Following State Audit
  8. Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below, by John Dannenberg
  9. 20 Florida Prison Officials Fired or Suspended After Prisoner Beating, Party, by David Reutter
  10. Ohio Lawyer Suspended for Bilking Prisoners’ Families
  11. Florida’s Civil Commitment Center Exhibits Little Change Despite New Contractor, by David Reutter
  12. Connecticut Takes Cut of Prisoner Judgments and Inheritances, by Matthew Clarke
  13. Texas Must Afford Prisoners Due Process in Trust Fund Garnishment, by Matthew Clarke
  14. Florida Homeless Sex Offender Ruling Reversed, FDOC Changes Policy Anyway, by David Reutter
  15. Texas Court of Appeals Reverses Termination of Prisoner’s Parental Rights, by Matthew Clarke
  16. China Admits Illegally Harvesting Organs From Executed Prisoners, by Gary Hunter
  17. Big Brother Monitoring Michigan Sex Offenders
  18. CCA Pays $438,626 for Discriminatory Hiring Practices in Arizona
  19. U.S. Parole Commission Rules are “Laws” for Ex Post Facto
  20. Maryland Closes Decrepit, Scandal-Plagued House of Correction
  21. California DOC Finally Discloses Some Records In $4.1 Billion Of Public Contracts, by John Dannenberg
  22. California Contract Healthcare Management Firm Locked Out; Fees Withheld;, by John Dannenberg
  23. Washington’s Criminal Justice System Racially Biased; Voting Rights Act Claim Fails Anyway
  24. § 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss, by John Dannenberg
  25. $1,000,000 Award for Attorney’s Failure to Prosecute Prisoner’s Lawsuit
  26. Eighth Circuit Reverses Dismissal on Wrong Medication Claims
  27. Erroneous Jury Instruction Nets Raped Missouri Prisoner New Civil Trial
  28. Pennsylvania DNA Act Not Ex Post Facto
  29. Guards Settle “Sick Building” Claim at Florida Jail for $495,000
  30. New Investigative Solution by LexisTracks Sex Offenders, Wherever They Are
  31. Illinois Parole Board Pays Nearly $11,000 in Attorney Fees, Can Only Charge Reasonable Postage and Copying Costs
  32. Forced Work in Dangerous Washington Prison Job Conditions States Eighth Amendment Claim, by John Dannenberg
  33. CCA Fined for Florida Jail Escape; County Commission Poised to Impose More Fines
  34. California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights, by John Dannenberg
  35. Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available
  36. Fulton County Jail Consents to Improve Dismal Conditions, by David Reutter
  37. California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions
  38. Collection-Rate of Appellate Costs Taxed to Prisoner Reduced to Rate for PLRA Filing-Fees, by John Dannenberg
  39. Evidentiary Hearing Ordered For AEDPA Equitable Tolling Claim Arising From Transfer to Out-Of-State Prison
  40. Direct Contempt of U.S. Court Must Be in Court’s Presence; Conviction Reversed
  41. Refusal to Give Nitro Tablets to Prisoner With Chest Pain Actionable, by Matthew Clarke
  42. Nevada Psychological Review Panel Hearings Subjected to Open Meeting and Constitutional Due Process Requirements, by Matthew Clarke
  43. Wisconsin Over Detention Suit Not Barred by Rooker-Feldman Doctrine
  44. News in Brief:
  45. No Qualified Immunity for Ignoring Heart Condition Leading to Prisoner’s Death
  46. O.K. to Ban Suspicious Indiana Sex Offender from Parks

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