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Retaliatory Discipline Violates Due Process
Loaded on Oct. 15, 1995
published in Prison Legal News
October, 1995, page 12
A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and do not provide counsel when requested. ...
Filed under:
Retaliation for Filing Grievances,
Respiratory,
Disciplinary Hearings,
Retaliatory Discipline,
False Charges (Disciplinary Hearings).
Location:
New York.
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More from this issue:
- The Bottom Line: California's Prison Industry Authority, by Willie Wisely
- Editorial, by Paul Wright
- AZ Chain Gangs Protested
- 10,000 Kurdish POWs on Hungerstrike
- Police Chiefs Scoff at Death Penalty
- U.S. Supreme Court: Time on Bail Doesn't Count
- Delay in Dental Care States Claim
- WA Publisher Only Rule Challenged
- Loompanics Unlimited
- Jail Population Report
- The Citebook, by Paul Wright
- US Prison Population Report
- Strangeways 1990: A Serious Disturbance, by Reviewed by Bowden, John
- South Africa Bans Death Penalty
- Detainees Entitled to Exercise and Law Library
- No Immunity for Hearing Officers
- 7th Cir. Clarifies "Deliberate Indifference" for Medical Cases
- Translators Required for Medical Interviews
- Retaliatory Discipline Violates Due Process
- Cocaine Sentencing Disparities May Change
- Disciplinary Segregation Bars Criminal Prosecution
- Retaliatory Infraction Illegal
- Death Row Prisoners Keep Right to Contact Visits with Counsel
- All Writs Act Limited
- Asbestos Exposure States Claim
- Population Cap, Fines Affirmed
- Article Clarification
- CBCC EFV Stabbing Trial
- Worked to Death: OH Work Release Programs, by Dan Cahill
- Gunslingers Dressed in Hot Pink
- MN Passes Laws Against Prison Litigators
- FL Enacts More Anti-Prisoner Laws
- Madrid Published
- AZ Court Affirms Food Packages
- Reader Mail: PA Settlement Correction, by Scott Rudnick
- AZ's War on the Federal Judiciary
- News in Brief
More from these topics:
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- 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.
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Shrewd Federal Prisoner Salvages $5,000 from Suit Against Arkansas Jail Where He Was Held Pre-Trial, Jan. 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Conditions of Confinement, Settlements.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.
- New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test, Aug. 15, 2024. False Charges (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Drug Testing, junk science.
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Civil Rights Actions or Offenses/Bivens Actions.
- Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes, June 1, 2024. Retaliation for Litigating, Retaliation for Filing Grievances, Photos, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail.