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Cause of Action Accrues on Disciplinary Reversal
Loaded on Oct. 15, 1996
published in Prison Legal News
October, 1996, page 9
The court of appeals for the second circuit held that the statute of limitations for a § 1983 action does not begin to run until a prisoner has successfully challenged the disciplinary hearing in state court. Theodore Black is a New York state prisoner. In 1990 he was infracted and …
Filed under:
Disciplinary Litigation,
Disciplinary Appeals,
Civil Procedure,
Defenses,
Complaints,
Limitations,
Habeas Corpus,
Qualified Immunity.
Location:
New York.
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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:
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- 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.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
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- 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.
- $600,000 Awarded So Far in Disgraced Georgia Sheriff’s Trial for Abusing Detainee in Restraint Chair, Jan. 1, 2026. Exposure to Cold, Restraints, Qualified Immunity, Damages - Compensatory, Wrongful Use of Force.
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026. Seizure of Prisoner Funds, Trust Accounts, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.

