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Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action
Loaded on July 15, 2013
published in Prison Legal News
July, 2013, page 36
The Tenth Circuit Court of Appeals held on May 1, 2012 that a federal prisoner's transfer to supermax custody must be brought as a Bivens action rather than as a federal habeas corpus petition under 28 U.S.C. § 2241.Jesus Hector Palma-Salazar, a Mexican citizen, was indicted on drug charges ...
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More from this issue:
- Arizona Prison System Plagued by Politics, Privatization and Prisoner Deaths, by Joe Watson
- Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case, by Derek Gilna
- Italian Prison Program Trains Female Prisoners in Fashion Industry, by Derek Gilna
- From the Editor, by Paul Wright
- Pennsylvania DOC's Hepatitis C Protocol Challenged in Class-action Lawsuit, by Greg Dober
- Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations
- Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent
- Sixth Circuit Orders Judgment Against Three Defendants in Prisoner's Retaliation Case
- A Prolonged Stay: The Reasons Behind the Slow Pace of Executions, by Raymond Bonner
- Seventh Circuit: Summary Judgment Partially Reversed in Jail Death Caused by Medication Withdrawal
- Oregon: Post-Escape Conduct Justifies Enhanced Escape Sentence
- Oklahoma Prison Employees Disciplined, by Matthew Clarke
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, by John Dannenberg
- Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases, by John Boston
- $737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide
- Tennessee Judge Convicted Following Drug and Sex Scandal
- Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established
- Prisoners Respond to Call for Prison Phone Justice; SCI-Huntingdon Delivers!, by Mel Motel
- Illinois: Conditions Lawsuit Filed by Civilly Confined Sex Offenders Dismissed, by Derek Gilna
- Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action
- Arkansas: Sentencing Court Cannot Order Prison Treatment
- CCA Loses Four Private Prison Contracts in One Month
- California: Eastern District Jury Pool Alleged to be Biased Against Prisoners
- Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983
- Collateral Consequences Weighed for Corporations, Not for Individuals, by Russell Mokhiber
- Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition
- PLN Files Public Records Suit Against CCA in Vermont
- Some Jails Turning to Video Visitation Only, by Matthew Clarke
- Washington Sex Offender's Conviction for Failure to Report Reversed
- California: Probation Condition Cannot Prohibit Court Access
- Fourth Circuit Reverses Dismissal of Case Challenging Virginia DOC Grooming Policy
- Three New Mexico Jail Guards Convicted of Assault, Obstruction of Justice
- South Carolina Sex Offender Registration Amendment Requires Actual Notice
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- Former Maryland Governor Acknowledges Politics Behind Life Means Life Policy
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More from these topics:
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- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
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- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, Oct. 1, 2023. Magistrates, Habeas Corpus, De Novo Resentencing.
- Unyielding Pursuit of Justice or Unfulfilled Promises: Doubts Surround California Habeas Attorney, Sept. 15, 2023. Habeas Corpus, Seizure of Prisoner Funds, Per se ineffectiveness.