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Consent Decrees Create Enforceable Right
Loaded on May 15, 1997
published in Prison Legal News
May, 1997, page 5
A federal district court in South Carolina held that a consent decree created an enforceable due process right and a prisoner's § 1983 claim for violation of the consent decree was not barred by Sandin v. Conner, 115 S.Ct. 2293 (1995). As court's explore and define the full impact that …
Filed under:
Disciplinary Hearings,
Liberty Interests,
Guard Brutality/Beatings,
Restraints,
Consent Decrees,
Qualified Immunity.
Location:
South Carolina.
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More from this issue:
- US Supreme Court: Oklahoma Pre-Parole Program Requires Hearing Before Removal
- California PIA Employees Lose Minimum Wage Suit
- Consent Decrees Create Enforceable Right
- Notes from the Unrepenitentiary: " Schooling the generations in the politics of prison", by Laura Whitehorn
- Matter of Fact
- Sixth Circuit Defines Legal Mail
- PLRA Codifies Injunction Standards in Conditions Case
- PLRA Applied to Released Prisoners
- Indiana Muslim Consent Decree Vacated under PLRA
- PLRA Allows Sua Sponte Dismissal
- PLRA Fee Requirements Not Applicable to Pending Suits
- PLRA Confuses Courts; Applies Only to Prisoners
- Ninth Circuit Affirms BOP Sentence Reductions
- Drug Policy as Social Control, by Noam Chomsky
- Virginia Warden Stabbed, by Dan Pens
- Should Prisoners Have the Right to Strike? Some Union Leaders Say "Yes!", by Phil Wilayto
- Texas Prisoners Get Second-Rate Doctors
- New Jersey Prison Guard Recruiting for KKK
- Update on Washington Money Seizure Suit, by Paul Wright
- Democracy, Racism and Disenfranchisement
- Reviews
- Illinois DOC Phone System Upheld
- Moors Settle with Indiana DOC
- Seventh Circuit Questions ADA Applicability to Prisons
- Disciplinary Finding Must Be Supported by Reliable Evidence
- Qualified Immunity for Infraction Suit
- No Care for STD Violates Eighth Amendment
- $1.65 Million Jury Verdict in Cell Assignment Case Affirmed
- Racial Rioting Erupts in L.A. Jail
- Mental Unhealth and Prisons, by E.D.
- Guard Tower Scam, by A.L.
- Do the Math, by E.D.
- News in Brief
- RFRA Allows Redaction of Religious Publication
- TRO Granted in DC Smoking Suit
- Washington EFV Ban Upheld
- $75,000 Jury Verdict in Prisoner Attack Affirmed
More from these topics:
- 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.
- Safety of “The Wrap” Restraint Device Questioned Amid Fatalities and Criticism From Medical Experts, July 1, 2026. Police Misconduct, Failure to Treat, Restraints, Police--Excessive Force, Federal Legislation.
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- Warden, Four Other Louisiana Jailers Indicted for Brutalizing Compliant Detainees with Riot Shield, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Wrongful Use of Force.
- $112,500 Paid to Former New Mexico Prisoner Denied Public Records of Excessive Force by Guards, June 1, 2026. DOC/BOP misconduct, Guard Brutality/Beatings, Settlements, Public Records Act, False Imprisonment.
- $75,000 for Pennsylvania Prisoner’s Excessive Force Claim Against Jail Guard, June 1, 2026. Failure to Treat, Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability, Wrongful Use of Force.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Washington Governor Fires Independent Prison Watchdog, May 1, 2026. DOC/BOP misconduct, Government Misconduct, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.

