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Excluding Alibi Witness Unconstitutional
Loaded on April 15, 1994
published in Prison Legal News
April, 1994, page 5
Kelvin Moye is a New York state prisoner. He was infracted for stabbing another prisoner. At his disciplinary hearing Moye requested a statement from a prisoner whose testimony would indicate that Moye could not have committed the stabbing. The hearing officer refused to obtain a statement from the witness and …
Filed under:
Disciplinary Litigation,
Witnesses (Disciplinary Hearings),
Hearing Officers,
Immunity/Liability,
Qualified Immunity,
Judicial Immunity.
Location:
New York.
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More from this issue:
- Court Rules on Control Unit Law Library Access
- Ad Seg as Punishment Unlawful
- Jail Detainees Have Right to Library Access
- 5th Cir. Guts Legal Mail Standard
- Wolff Hearing Required Before Detainees Punished
- 9th Cir. Explains Review of Religious Claims
- AZ Prisoners Have Right to Court Access
- Okay to Disclose Informant's Identity
- Excluding Alibi Witness Unconstitutional
- Infestation Violates 8th Amendment
- Detainees Have Right to be Vermin Free
- BOP Liable for Recalculating Sentence
- IL Prisoners Have No Right to a Valid Classification System
- MO Ad Seg Practices Unlawful
- Double Celling Pre-Trial Detainees Violates Due Process
- Washington Litigation Update
- LA Prisoners Boycott Phones, by Paul Wright
- Court Cannot Dismiss Suit When Partial Filing Fee Paid
- Prisoners Pursue Prison Industries Litigation Despite Continued Retaliation, by Ken Krause
- Report on Indiana Control Unit Issued
- Stop the Ohio Super-Max!
- From The Editor, by Paul Wright
- Informant Sues Over Disclosure
- GA Parole Rules Create Liberty Interest
- Ohio Targets Activists as "Gang Members", by John Perotti
- Work Release Revocation Requires Hearing
- Jail Sued Under ADA
- No Right to Gate Money
- Mexican Prisoners Speak Out
- BOP Suits Require Administrative Exhaustion
- Brazilian Guard Gets 516 Years
- Legal News in Brief - NCIC Info Rule
- British Govt Rolls Back Civil Rights
- Legal News in Brief - 9th Cir. Amends LeMaire Opinion
More from these topics:
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- $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.
- 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.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.

