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Martinez Hearing Reversed
Loaded on Aug. 15, 1995
published in Prison Legal News
August, 1995, page 14
The tenth circuit has approved a process whereby district courts conduct hearings to develop the record and determine whether there is any legal or factual basis to claims brought by pro se prisoner litigants. See: Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). In this ruling the court specifically …
Filed under:
Disciplinary Hearings,
Witnesses (Disciplinary Hearings),
Summary Judgment.
Location:
Colorado.
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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
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- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
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- 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.
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