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Hearing Officer Must Base Guilt Finding on Evidence
Loaded on Dec. 15, 1992
published in Prison Legal News
December, 1992, page 4
Hearing Officer Must Base Guilt Finding On Evidence
Filed under:
Disciplinary Hearings,
Informants (Disciplinary Hearings),
Standard of Proof,
Damages,
Qualified Immunity.
Location:
New York.
Frank Zavaro is a New York state prisoner who was infracted for participating in a riot and assault on guards. A riot had broken out in a mess hall with several guards being attacked. The guards infracted everyone in the mess hall …
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More from this issue:
- Physical Evidence Need Not be Preserved For Hearing
- Officials Seek to End Politicization of Crime Debate
- Beaten Jail Prisoner Entitled to Counsel
- Incarcerated Juveniles Have Right to Court Access
- Jail Inmates Entitled to Safe Cells
- Medical Treatment Cannot Be Delayed to Coerce Confession
- Unlawful to Knock Down Handicapped Prisoner
- Prison Drug Test Survey
- Prisoner Has No Right to Independent Drug Test
- BOP Prisoners Don't Need to Exhaust Administrative Remedies
- Due Process Requires Hearing Before Punishment
- Hearing Officer Must Base Guilt Finding on Evidence
- Resources for Incarcerated Parents
- Government Entitled to Only One Qualified Immunity Appeal
- Texas Death Row Prisoners on Hunger Strike
- Magistrates Cannot Dismiss Civil Rights Suits
- Prisoner Entitled to Appointment of Substitute Counsel
- Animal Rights Movement Criminalized
- Attention Artists
- California HIV+ Prisoners on Medical Strike
- U.S. Slammed on Death Penalty
- Death Penalty Foes Boo Pennsylvania Governor, by Paul Wright
- From The Editor, by Paul Wright
- Crime and Punishment in America, by Paul Wright
- From the Hole to the Street, by Laurie Bembenek
- Prison Press Reviews, by Paul Wright
- Prison Slave Labor in the U.S., by Joe Mowish
- Article Clarification
More from these topics:
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.

