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Some Evidence Must Support Guilty Finding
Loaded on Sept. 15, 1995
published in Prison Legal News
September, 1995, page 11
When prison officials violate clearly defined procedural due process standards in a prison disciplinary hearing, they are not immune from § 1983 liability. Frederick Gilbert is a New York state prisoner. After 25 tape decks and 37 AC adapters were stolen from the prison's school program two confidential informants claimed …
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More from this issue:
- Civil Forfeiture and Criminal Prosecution as Double Jeopardy, by Jeffrey Steinborn
- Supreme Court Rejects Govt Inter-Locutory Appeals in Civil Rights Suits
- Editorial, by Dan Pens
- New Prisoners' Self Help Litigation Manual, by Paul Wright
- Live From Death Row, by David Gilbert
- How to Win Prison Disciplinary Hearings, by Paul Wright
- Chain Gangs Challenged in Court
- Some Evidence Must Support Guilty Finding
- Injunction Saves CA Family Visits, by Gail Harrington Wisely
- CA Prisoners Assault Prison Office, by Dan Pens
- Economic Reality Applied to FLSA Claims
- IL Change in Good Time Statute Unlawful
- No Immunity for Visitor Searches
- NY Prisoners Awarded Damages in Beatings
- Guard Gets 10 Years for Beating Prisoner to Death
- INS Detainees Trash Private Prison
- Spitting by HIV+ Prisoner Results in Attempted Murder Conviction, by Paul Wright
- Detainee Entitled to Medical Care
- WA DOC Computerizes Visitor Tracking
- Court Formulates New "Use of Force" Standard
- Law on Retaliation Well Established in 9th Cir.
- Medical Care Ordered
- Attorney Fees Awarded in MCC Suit
- Diabetic Sues for Meals
- Trial Required on Clothing Claim
- Ohio Prison Activist Conference
- BOP Prisoners Must Exhaust Administrative Remedies
- News in Brief
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.

