×
You've used up your 3 free articles for this month. Subscribe today.
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.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- 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.

