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Habeas Petition Not Mooted by Segregation Release
Loaded on June 15, 1997
published in Prison Legal News
June, 1997, page 25
The court of appeals for the seventh circuit held that when a prisoner challenges a disciplinary hearing via federal habeas corpus collateral consequences will be presumed by the court. Martin Bryan is an Indiana state prisoner. He was infracted for allegedly reaching through his cell bars and attempting to hit …
Filed under:
Disciplinary Litigation,
Liberty Interests,
Witnesses (Disciplinary Hearings),
Civil Procedure,
Mootness,
Habeas Corpus,
Assaults on Staff.
Location:
Indiana.
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More from this issue:
- America's Private Gulag, by Ken Silverstein
- Speedy Death Penalty Provisions Enjoined in California
- Strange Bedfellows; CCA's Political Connections, by Alex Friedmann
- Texas Sheriff Exploits Prisoner Labor
- From the Editor, by Paul Wright
- Grievance Retaliation Unconstitutional
- Qualified Immunity for Strip Search
- PLRA Not Enough for Fourth Circuit
- Sixth Circuit Issues PLRA IFP Order
- Fifth Circuit Holds that PLRA Requires Fees in All Pending Cases
- Ninth Circuit: PLRA Doesn't Apply to Habeas
- Massachusetts Court Avoids Ruling on Consent Decree Termination
- Pro Se Tips and Tactics (Declaratory Relief), by John Midgley
- Federal Parolees Kicked off Internet
- Texas Prison Building Corruption, Problems and Dangers
- A Matter of Fact
- Jury Verdict in Prisoner Attack Affirmed
- On the Edge of Midnight, by Mr Wolf
- CDC Consent Decree Contempt Vacated
- California Prisoner Wins Judgment Against Guard in Shooting
- PLN Readers Dissatisfied with Freedom Press
- California Slave Labor Loses Money
- Denial of Eyeglasses Violates Eighth Amendment
- Swastika Carved on CDC Prison Guard Rifle
- Illinois Jail Conditions Suit States Claim
- FTCA Suit Not Barred by Prior Bivens Claim
- Trial Required on ADA EFV Claim
- California Prisoners Entitled to Contact Attorney Visits
- No Frivolousness Review Allowed When Filing Fee Paid
- Book Review - Privatization and the Provision of Correctional Services: Context and Consequences
- Iowa Retaliation Verdict Affirmed
- Pro Se Litigant Entitled to Defendant's Identity
- Relation Back Period Suspended during IFP Application
- 'Scared Straight' Youths Molested in Texas Prison
- Prison NA Meetings Violate Establishment Clause
- BOP Owes Duty of Care to Prisoners
- TB Isolation May Violate RFRA
- News in Brief
- Habeas Petition Not Mooted by Segregation Release
- BOP Can't Set Restitution
- Wisconsin RFRA Jewelry Ruling Affirmed
- Mississippi Detainees Awarded Damages in Disciplinary Suit
- Prisoners' Spouses Challenge Washington 35% Law
- Massachusetts Prisoners Awarded Back Pay
- $7,500 Awarded in Guard Beating
More from these topics:
- Prisons in Michigan’s Upper Peninsula “in a Death Spiral” Due to Under-Staffing, May 1, 2026. Staffing, Lockdowns, Rural Prisons, Rehabilitation/Recidivism, Assaults on Staff.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Seventh Circuit Affirms Summary Judgment in Illinois Prisoner’s Segregation Lawsuit, March 1, 2026. Liberty Interests, Evidence, Totality of Conditions, Ad-Seg Hearings, Administrative Detention/Segregation.
- 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.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026. Retaliation for Filing Grievances, Snitch Jacketing, Liberty Interests, Evidence, Wrongful Use of Force.
- 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.