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Denial of Witnesses Violates Due Process
Loaded on July 15, 1995
published in Prison Legal News
July, 1995, page 11
A federal district court in New York has held that a prisoner's due process rights were violated at a disciplinary hearing when the hearing officer refused to call a guard as a witness and failed to interview the guard to determine what his testimony would be. Michael McConnell, a New …
Filed under:
Disciplinary Hearings,
Witnesses (Disciplinary Hearings),
Staff Assistance,
Sanctions (Disciplinary Hearings),
Damages.
Location:
New York.
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- Supreme Court Turns Back Parole Challenge
- 4th Cir. Clarifies IFP Dismissal Standard
- Private Physician Subject to Section 1983 Liability
- No Interlocutory Appeal of Discovery Order
- 9th Cir. Upholds Attorney Fee Award
- Appointment of Counsel
- Unprovoked Assault States Claim
- Prisoners Entitled to Meaningful Ad Seg Review
- Helms Amendment Ruled On
- Qualified Immunity Granted for Denial of Exercise
- AA Probation Requirement Illegal for Atheist
- Denial of Food May Violate Eighth Amendment
- Confinement Claim Barred by Res Judicata
- NJ Sex Offender Registration Ruled On
- Retaliatory Infraction States Claim
- PA Class Action Settlement Published
- Denial of Witnesses Violates Due Process
- Dismissal for Failure to Amend Complaint Reversed
- Warden Survey Released
- TDCJ Selling Counterfeit Meat
- MI Drug Patch Testing
- CA Families Fight to Maintain Bonds, by Willie Wisely
- NV Phone Rate Scalping Examined
- 51 Months for Sex With Prisoners
- Who's Treating the Doctor
- AL Brings Back Chain Gangs
- Violence Increases in Fed Prisons
- SC Prisoners Protest Haircut Policy
- From The Editor, by Dan Pens
- FL Prisoner Has Right to Die
- Books Available: The Penitentiary in Crisis: From Accomodation to Riot in NM, by Mark Calvin
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- Prisoners and the Law
- Book Review: Prison Violence in America, by M Braswell
- Litigation Status Report Available
- News in Brief
- Book Review: Civil Liability in Criminal Justice, by HE Barrineau
- The Rise and Fall of California's Radical Prison Movement (Book Review), by Mark Cummins
- Raze the Walls Burned
- Health Problems in WY
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.
- 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.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- $6.49 Million Settlement for 600,000 Prisoners in Massive CorrectCare Data Breach Class Action, Dec. 1, 2025. Private Contractors, Medical Records, Damages, Settlements, Privacy Act/Rights.
- $4 Million Verdict Returned in Colorado Jail Suicide Case, Nov. 1, 2025. Damages, Failure to Train/Supervise, Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024. Sanctions (Disciplinary Hearings), Transgender.
- Texas Bankruptcy Court Rejects Proposed Settlement of Prisoner Claims Against Corizon Health, June 1, 2024. Corizon, Malpractice, Damages, Bankruptcy.

