×
You've used up your 3 free articles for this month. Subscribe today.
Administrative Exhaustion Required for Disc. Habeas
Loaded on Aug. 15, 1997
published in Prison Legal News
August, 1997, page 17
The court of appeals for the third circuit held that federal prisoners who challenge disciplinary hearings via habeas corpus must first exhaust their administrative remedies within the Bureau of Prisons (BOP) and failure to do so will result in procedural default. Phillip Moscato, a federal prisoner, was infracted and later ...
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Administrative Exhaustion,
Habeas Corpus.
Location:
Pennsylvania.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Supreme Court Upholds Kansas Civil Commitment Law, by Dan Pens
- Washington Prison Official Tagged for Fire
- From the Editor, by Paul Wright
- No P.C. for Informants
- Disputed Facts Require Trial in Beating Case
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Washington Prison Food Factory Cooks Up Controversy
- Publications Reviews, by Paul Wright
- Habeas and 1983 Remedy for Disciplinary Hearings Discussed
- Florida Paradox of Prisons, Politics and Profits
- Washington Prison Legislation
- Prisoner's Death Throws Utah DOC into Turmoil
- Kansas Ad Seg Hearing Required
- AA Probation Requirement Violates Establishment Clause
- DC Circuit Creates New Immunity Rule: Supreme Court Grants Review
- Punitive Segregation May Violate Due Process
- District Courts Responsible for PLRA Appeal Fees
- PLRA Filing Fees Don't Apply to Habeas
- PLRA 'Physical Injury' Requirement Affirmed
- Fourth Circuit Affirms PLRA IFP Provisions in Parole Suit
- Fifth Circuit Applies Three Strikes Provision
- PLRA Physical Injury Requirement Defined
- Con Artist Dupes 'America's Toughest Sheriff'
- Un-Happy Meal Provider Pulls Out of Kansas Prisons
- North Carolina Population Limit Modification Affirmed
- Jail Medical Fees Upheld by Fifth Circuit
- Florida Ban on Prisoner Legal Help Struck Down
- Administrative Exhaustion Required for Disc. Habeas
- Florida Supreme Court Strikes Down Gain Time Loss
- Failure to Treat Broken Hand States Claim
- Michigan DOC Held in Contempt in Court Access Case
- No Immunity for Denial of Exercise
- Utah Supreme Court Vacates Damage Reduction in Prison Suit
- Washington Cost Bill PI Vacated
- News in Brief
- Retaliation Verdict Reversed
- Res Judicata No Bar to Damages in Illegal Sentence
- Medical Malpractice Instruction Warranted in Eighth Amendment Suit
- No Private Cause of Action Under BOP Statute
- California Prison Focus
More from these topics:
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.