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Alleged Work Refusal Requires Trial
Loaded on Oct. 15, 1996
published in Prison Legal News
October, 1996, page 5
The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when deprived of prison privileges.
Filed under:
Prison Labor,
Disciplinary Hearings,
Disciplinary Litigation,
Liberty Interests,
Notice of Hearing,
Summary Judgment.
Location:
New York.
Alphonso Samuels …
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More from this issue:
- UNICOR Hogs Body Armor Market, by Dan Pens
- Prisoners May Be Allowed to Lead Religious Services
- From the Editor, by Dan Pens
- The "Honorable Men" Defense, by Mumia Abu-Jamal
- Plaintiff Entitled to Respond to Qualified Immunity Defense
- Alleged Work Refusal Requires Trial
- Unrest in South American Prisons
- Less than Lethal Force Liability
- Smoke and Mirrors
- A Matter of Fact
- Correction
- Cause of Action Accrues on Disciplinary Reversal
- Prisoner Testimony Must Be Considered in Spears Hearing
- Texas Parole Rules on Litigants and Victim Statements Enjoined
- Extending Release Date Violates Eighth Amendment
- Attorney Fees Awarded for Opposing Motion to Vacate
- Attica: Looking Back 25 Years, by Jaan Laaman
- Jail Guards File Suit
- Fifth Circuit Applies New Standard to Detainee Claims
- MCC Settlement Upheld
- Evidence Required for Disciplinary Sanction, Sandin Questioned
- Pepper Spray Madness, by Lynn Wilson
- Pepper Spray Unsafe?
- Indigents Entitled to Full Credit for Pretrial Detention
- De Novo Review Required of Magistrate's Report
- Texas Shaving Rule Declared Illegal
- Parolee's Jail Rights Discussed
- Missouri Haircut Rule Upheld under RFRA
- No Right to Assistance in Family Law
- Retaliation for Grievance Committee Participation Requires Trial
- PI Granted in Haircut Claim
- Court Responsible for Jury Demand
- Complaint Can't Be Dismissed if Partial Filing Fee Paid
- No FLSA Protection for Work Release Prisoners
- Right to Witnesses and Court Access Well Established
- News in Brief
- Court Okays Disclosure of AIDS Status
More from these topics:
- Iowa Department of Corrections Settles Lawsuit and Agrees to Implement More Reliable Drug Testing Procedures and Fair Disciplinary Proceeding Policies, Oct. 1, 2026. Liberty Interests, Evidence, Drug Testing, Settlements, Burden of Proof.
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026. Plumbing, Sanitation, Summary Judgment, Costs, Deliberate Indifference.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, Oct. 1, 2026. Disabled Prisoners, Hygiene Supplies, Summary Judgment, Americans with Disabilities Act, Deliberate Indifference.
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
- New ICE Detention Standards Appear Designed to Help GEO Group Avoid Paying Wages, Sept. 1, 2026. GEO Group/Wackenhut, Contractor Misconduct, Prison Labor, Immigration Detention.
- New Commission to Investigate Death and Abuse of 230 Black Children at Segregated Maryland Reformatory, Sept. 1, 2026. Racial Discrimination, Prison Labor, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Juvenile Prisons.
- The GEO Group Pays California $104,510 to Settle Workplace Safety Charges at ICE Detention Facility—Where Local Cops Won’t Investigate Crimes, Sept. 1, 2026. GEO Group/Wackenhut, Contractor Misconduct, Prison Labor, Work Conditions/Safety, Police/Govt Misconduct.

