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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:
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- 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:
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- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- 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.
- SCOTUS Shuts Down GEO Group Bid for Immunity in Suit by Colorado ICE Detainees, July 1, 2026. GEO Group/Wackenhut, Prison Labor, Sovereign Immunity, Interlocutory Appeals, Immigration Detention.
- Colorado Ordered to Stop Tossing Prisoners in Solitary for Refusing to Work, July 1, 2026. Prison Labor, Injunctions, Good Time, Constitution, state, Administrative Detention/Segregation.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- Federal Judge Upholds Infamously Brutal Farm Labor at Angola Prison, June 1, 2026. Racial Discrimination, Prison Labor, Exposure to Heat, Cruel and Unusual Punishment, Deliberate Indifference.
- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.

