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Hearing No Substitute for Trial
Loaded on Aug. 15, 1995
published in Prison Legal News
August, 1995, page 19
The court of appeals for the eighth circuit has held that a district court evidentiary hearing cannot serve as a substitute for a full trial, doing so violates a prisoner's seventh amendment right to a jury trial. Harold Hobbs, an Arkansas state prisoner, was held in solitary confinement under orders …
Filed under:
Conditions of Confinement,
Failure to Protect (General),
Summary Judgment,
Juries.
Location:
Arkansas.
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More from this issue:
- Supreme Court Guts Due Process for Prisoners
- Pelican Bay Ruling Issued
- WA Passes Record Anti-Prisoner/Defendant Legislation, by Paul Wright
- IFP Dismissal Reversed
- Martinez Hearing Reversed
- INS Deportation Hearings Required Prior to Release, by Boyd F Campbell
- Qualified Immunity RA Defense
- Shackled Litigant Denied Due Process
- ID Rider Program Creates Liberty Interest
- 8th Amendment Discussed
- Outgoing Mail Censorship Illegal
- Translators Required for Medical Interviews
- Detainees Entitled to Non-Punitive Conditions
- No Immunity for Smoke Exposure
- OR DOC To Ban Smoking
- Hearing No Substitute for Trial
- Fear Constitutes Actual Injury
- From The Editor, by Paul Wright
- News in Brief
- Police, Death and Inquests, by Adrian Lomax
- From Senegal in Struggle, by Demba Diop
More from these topics:
- 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.
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- 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.
- Indiana DOC Found in Violation of State Public Records Act for Withholding Execution Drug Cost Information, May 1, 2026. Summary Judgment, First Amendment, Public Records Act, Interlocutory Appeals, Lethal Injection Method of Execution.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.

