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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:
- 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.
- Ombuds Report Doesn’t Rule Out Racism or Retaliation at Red Onion State Prison, June 1, 2026. Guard Misconduct, Racial Discrimination, Retaliation for Filing Grievances, Failure to Treat, Control Units/SHU/Solitary Confinement.
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- Leaked Video Footage Shows California Prison Guards Engaged in Retaliatory Assault, March 1, 2026. Guard Misconduct, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Prison Rape Elimination 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.
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026. Retaliation for Filing Grievances, Snitch Jacketing, Liberty Interests, Evidence, Wrongful Use of Force.
- $5,000 Settlement for Missouri Prisoner’s Retaliation Claim After Eighth Circuit Dismissed Due Process Claim Over Falsified Disciplinary Report, Dec. 1, 2025. Retaliation for Filing Grievances, Liberty Interests, Evidence, Qualified Immunity, Ad-Seg Hearings.
- New Hampshire Guard Abuse and Theft Uncovered Through Poaching Investigation, Dec. 1, 2025. Guard Misconduct, Retaliation for Filing Grievances, Legal Mail, Obstruction of Justice.
- $950,000 Awarded to Trans Maryland Prisoner Dropped on Her Face by Guards, Nov. 1, 2025. Guard Misconduct, DOC/BOP misconduct, Government Misconduct, Retaliation for Filing Grievances, Retaliation for Organizing, Retaliatory Segregation, Guard Brutality/Beatings, Restraints, Discrimination (Transgender), Failure to Protect (Transgender), Immunity - Absolute and Qualified, Damages - Compensatory, Wrongful Use of Force.