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Adequate Notice of Disciplinary Charges Required
Loaded on June 15, 1993
published in Prison Legal News
June, 1993, page 11
Henry Benitez is a New York state prisoner. He was infracted in a four page disciplinary report for allegedly violating eight different rules. A few hours later he was given another infraction report consisting of an additional four charges. A few hours later Benitez was placed in segregation and not …
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More from this issue:
- The Evolution of Criminal Justice, by Sandy Judd
- How to Defend Against a Bill of Costs, by John Adams
- No Liberty Interest in BOP Ad Seg Rules
- WA Ad Seg Rules Create Liberty Interest
- Initiative 595: Regulated Tolerance
- Prison Litigation Report Issued
- Computers and Rehabilitation, by Ed Mead
- BOP Can Deny Halfway House Placement
- DC Not Proper Venue for BOP Suits
- BOP Liable for Overcrowding and Opening Detainees Mail
- SOCF Chronology, by Chryztof Knecht
- Observe Prisoners' Justice Day, by Zoltan Lugosi
- Adequate Notice of Disciplinary Charges Required
- Judge Cannot Make Credibility Findings
- PA Prison Expansion Fails to Cut Crime
- From The Editor, by Paul Wright
- White House Pot Baron, by Paul Wright
- Notice of Appeal Filed When Given to Prison Officials
- Basque Prisoners On Hunger Strike
- GRAPO Prisoners Tortured, by Paul Wright
- Arizona Court Access, by RC
- Costa Rica Drops Extradition Treaty With US
- Moorish Appeal for Your Support, by Taajwar Rasheed-Bey
More from these topics:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
- $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.

