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More Evidence Required in Retaliatory Infractions

Loaded on Dec. 15, 1997 published in Prison Legal News December, 1997, page 27
Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, Hearing Officers, False Charges (Disciplinary Hearings), Standard of Proof, Death Row. Location: California.
The court of appeals for the ninth circuit held that when guards falsely accuse prisoners of misconduct in retaliation for the exercise of constitutional rights, the guard's accusation is not entitled to deference under the "some evidence" standard of review normally used in prison disciplinary decisions. The court also held …

 

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