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U.S. Supreme Court Clarifies § 1983 Claims
John Midgley and David C. Fathi
Recently, the United States Supreme Court has made it difficult for prisoners to successfully file claims under 42 U.S.C. § 1983 that "necessarily imply" the invalidity of a conviction or a decision that lengthens a prison term, such as a prison disciplinary hearing that ...
Recently, the United States Supreme Court has made it difficult for prisoners to successfully file claims under 42 U.S.C. § 1983 that "necessarily imply" the invalidity of a conviction or a decision that lengthens a prison term, such as a prison disciplinary hearing that ...
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More from this issue:
- Through the Civil Commitment Looking Glass, by Tamara Menteer
- A Zoo Within a Prison
- CCA Sells Self; Wackenhut Creates REIT
- From the Editor, by Dan Pens
- NJ Prisoners Refuse to Swallow PINs
- Idaho Law Libraries Closed, Pillaged, by M.M.
- STGMU-tized in New Jersey, by T.R.
- Notes from the Unrepenitentiary, by Laura Whitehorn
- MCI Refund to Florida Prisoner Families
- Los Angeles Jail Death Ruled Homicide
- The Tough-On-Crime Myth: Real Solutions to Cut Crime, by Daniel Burton-Rose
- The Real War on Crime: The Report of the National Criminal Justice Commission (Book Review), by Daniel Burton-Rose
- The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice, by Daniel Burton-Rose
- Union County, NJ, Jail Guards Convicted
- PLRA Finding Required for Injunctive Relief
- Plaintiffs Must Be Allowed to Present Evidence in PLRA Motions to Terminate Prospective Relief
- TDCJ PLRA Forms Okay
- CA Tort Claim Not Required for Administrative Exhaustion
- Consent Decree Termination Upheld
- Dismissal for Lying About Poverty Affirmed
- PLRA Filing fees Don't Apply to Civil Commitments
- PLRA Fees Don't Apply to Mandamus
- $22,500 to Seattle WA Jail Brutality Suit
- Proof of Administrative Exhaustion Required
- Mock Prison Riot Staged
- Racism in the Ranks, by Willie Wisely
- WA Prison Telemarketing Elicits Controversy - Again, by Paul Wright
- CBCC Warden Fired in Telemarketing Hoopla
- Bureau of Prisons Estopped from Denying Sentence Reduction
- Sentence Runs During Wrongful Release
- U.S. Supreme Court Clarifies § 1983 Claims, by David C Fathi
- Jericho: Thoughts From Political Prisoners in Leavenworth, by Jaan Laaman
- Jericho '98 March and Rally
- Convict Mine Labor in the Information Age, by Dan Pens
- Cheaper to Exile Prisoners?, by Dan Pens
- Prisons Promoting Tourism, by Alex Friedmann
- Jailers Charged in Bribery, Kickback Schemes
- WI Predator-Law Poster Boy Gets Released
- WI Guard Settles Discrimination Suit for $105,000
- News in Brief
- Mailbox Rule Applied to Habeas Petitions
- WA DOC Investigators Can't Detain Visitors: Drugs Suppressed
- Oregon Guard Pleads Guilty to Perjury
- Risk of Serious Harm States Claim
- Disciplinary Hearing Violations Enjoined
- Probable Cause Required for Visitor Body Cavity Search
More from David C Fathi:
- Shouldn’t Innocence Matter?, Sept. 15, 2009
- Custody Vs. Treatment Debate: Addicted to Punishment, July 15, 2009
- Prison’s Littlest Victims, July 15, 2009
- An unfair prison litigation system, July 15, 2009
- Texas Increasingly out of Step on Death Penalty, May 15, 2009
- 32 Years on Death Row, March 15, 2009
- Prison Nation, March 15, 2009
- Executing the Innocent?, March 15, 2009
- Obama Administration Contends Prisoner Has No Right to DNA Testing, March 15, 2009
- Separate and Unequal Justice for Prisoners, March 15, 2009
More from these topics:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- 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.