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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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- 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.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- $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.

