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Fact Finding Required in Disciplinary Suits
Loaded on May 15, 1998
published in Prison Legal News
May, 1998, page 17
In two separate rulings federal district courts in New York held that prisoners litigating disciplinary due process cases must be given an opportunity to develop a factual record to support their claims before the court rules on a motion to dismiss or for summary judgment.
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Liberty Interests,
Discovery,
Venue.
Location:
New York.
Carlos Cespedes, a New York …
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- From the Editor, by Paul Wright
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- Prior Dismissals Count as Strikes
- Bad Faith Appeals
- Fee Required in Voluntary Dismissal
- Grievance Exhaustion Required
- Physical Injury Limit Defined, Wrongly
- Tenth Cir. Upholds IFP Provisions
- No Ex Post Facto Violation in Permanent Loss of Forfeited Good Time
- Alaska Classification Subject to Court Review
- DC Women Prisoners' Suit Settled
- Deliberate Indifference Applies to Detainees
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- Unicor Steals Glove Business From Private Firms
- Union Reverses Position on Private Prisons
- New Jersey Mental Health Class Action Gains Momentum, by Steve Vaccaro
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- Prison Phones Discussed
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- Fact Dispute Bars Qualified Immunity Appeal
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- Delay of Dental Service Violates 8th Amendment
- Michigan Visiting Restrictions Upheld
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More from these topics:
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- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026. Disclosure of Records, Discovery, Public Records, State Legislation, Method of Execution.
- 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.
- After Spoliation Sanction, CoreCivic Settles Suit Over Suicide in New Mexico ICE Lockup, July 1, 2026. Corrections Corporation of America/CoreCivic, Discovery, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides.
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- 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.
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