×
You've used up your 3 free articles for this month. Subscribe today.
NJ Prisoners Have Liberty Interest in Staying in Population
Loaded on Dec. 15, 1995
published in Prison Legal News
December, 1995, page 19
The court of appeals for the third circuit has held that New Jersey state prisoners have a due process liberty interest, enforceable in federal court under § 1983, to remain in general population. David Sheehan is a PLN reader at the New Jersey state prison in Trenton. While housed in …
Filed under:
Retaliation for Litigating,
Disciplinary Hearings,
Liberty Interests,
Overcrowding,
Summary Judgment,
Ad-Seg Hearings.
Location:
New Jersey.
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:
- 10th Circuit Vacates Utah Court Access Order
- Denial of Toilet Unconstitutional
- From the Editor, by Dan Pens
- Opening Legal Mail Violates Access to Courts
- Detainee States Claim for Retaliation and Med Needs
- WI Court Upholds DOC Classification Policy
- Sending State Responsible for Legal Materials
- RFRA Analyzed and Applied in 10th Circuit
- Missouri Ad Seg Damages Award Upheld
- Reversal of Disciplinary Hearing Doesn't Moot Suit
- CA Guard Plants Ammo
- Open Prison Barracks Unsafe
- Iowa Crime Legislation, by Michael Brant
- Job Discrimination States Claim
- Withholding of Legal Papers Illegal
- Guard and Prisoner Get Damages in Beating Trial
- Washington Translation Suit Settled, by Paul Wright
- Detainees May Be Disciplined
- Ohio Prison Doctor Imprisoned
- Ohio Mental Health Decree Entered
- Jail Detainee Entitled to Law Library Access
- South Korean Political Prisoners Protest
- Sexual Harassment Violates Eighth Amendment
- PA Prison Investigated for Corruption; Biggest Shake Down Ever
- TRO Granted in Alaska Sex Offender Registration
- No Change in Michigan Consent Decrees
- Denying Witnesses in Disciplinary Hearings Illegal
- Florida Repeal of Earned Time Law Upheld
- Charging for Medication May Violate Eighth Amendment
- Random Urinalysis Okay
- NJ Prisoners Have Liberty Interest in Staying in Population
- RFRA TRO Granted
- Jury Demand Must Be Timely
- Court Access May Require Counsel
- Contract Physicians Entitled to Qualified Immunity
- Texas Detainee Wins Damages for Ad Seg Placement
- HIV/AIDS in Prison and Jail
- Prisoners Entitled to Rely on Marshalls for Service
- News in Brief
More from these topics:
- 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.
- Multiple Detainees Escape from Dilapidated North Carolina Jail, July 1, 2026. Guard Misconduct, Failure to Protect (General), Overcrowding, Staffing, Jail Specific, Security Systems, Criminal Justice, Prison Conditions.
- Wisconsin State Prison Population Approaches Record High, July 1, 2026. Statistics/Trends, Overcrowding, Staffing, Pardons/Clemency, Reduction of Prison Population.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- Colorado DOC Allows Some Prisoners Convicted of Sex Crimes to be Released While Delaying Parole Consideration for Others, June 1, 2026. DOC/BOP misconduct, Overcrowding, Rehabilitation/Recidivism, Sex Offender Treatment, De Facto Life Sentence.
- Number of Prisoners Awaiting Transfer from Jail Surging in Indiana, June 1, 2026. Transfers, Statistics/Trends, Cost of Prison Systems, Overcrowding, Jail Specific.
- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- ACLU Threatens New Lawsuit After Indiana County’s Repeated Failures to Abide by 17-Year-Old Settlement Agreement, May 1, 2026. Overcrowding, Exercise, Sanitation, Bedding, Settlements.
- 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.
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026. Drug Overdose, Overcrowding, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).