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Habeas Required for Disciplinary Hearing Challenges
Loaded on Dec. 15, 1996
published in Prison Legal News
December, 1996, page 20
The court of appeals for the eighth circuit held that prisoners challenging the results of prison disciplinary hearings that result in the loss of good time cannot challenge the hearing result via 42 U.S.C. § 1983, but instead they must present their claim as a habeas corpus petition after exhausting …
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More from this issue:
- Three Strikes in California, by Willie Wisely
- Censorship of Rap Tape States Claim
- Analysis of People v. Romero
- Hungry for Justice in L.A. Jail
- From the Editor, by Dan Pens
- Transportation Costs Can't Be Imposed on Losing Plaintiffs
- A Matter of Fact
- Pro Se Tips and Tactics, by John Midgley
- Black Prison Movements
- Washington Prisoners Lose Computers, Again, by Paul Wright
- CRIPA Stays Not Appealable
- Botched Escape Sparks Rebellion
- Texas Guard Cleared in Controversial Shooting
- Twelve Political Prisoners Gave their Lives in a Death Fast in Turkey
- Motive in Denying Due Process Irrelevant
- Georgia Prisoners Retain Right to Safety
- Upsizing Federal Law Enforcement
- ADA Ruling for Deaf New York Prisoners
- New York Voting Rights Case Vacated
- Iowa DOC Shake-Up, by Michael Brant
- PLRA Stay Provision Held Unconstitutional
- PLRA Not Retroactively Applicable to Special Masters
- Attorney Fees Awarded in Smoking Suit
- PLRA Not Applicable to Appeals Filed before Passage
- PLRA Not Retroactive on Attorney Fees
- Update on Washington Money Seizure Suit
- Habeas Required for Disciplinary Hearing Challenges
- Prison Officials Liable for Double Celling
- No Immunity for Failure to Protect Prisoner from Violence
- PI Granted on Winter Clothing Claim
- News in Brief
More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.