×
You've used up your 3 free articles for this month. Subscribe today.
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 …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Oregon's Prison Slavocracy, by Dan Pens
- Slaves-R-Us Corporate Partners Wanted
- Profits First! Convict Labor in America, book: Twice the Work of Free Labor (Book Review), by Paul Ortiz
- Book Reviews, by Paul Ortiz
- From the Editor, by Paul Wright
- Profits First! Convict Labor in America, book: Worse than Slavery, D. Oshinsky, by Paul Ortiz
- WA County Launches Slave Labor Center
- Jailhouse Travel Agents
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Work Strike Suppressed and Sabotaged in Ohio, by Daniel Burton-Rose
- Texas Prison Labor Union
- CURE-Ohio and the Aftermath
- 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
- Louisiana DOC Defiance Rule Unconsitutional
- Prison Jobs and Free World Unemployment, by Adrian Lomax
- Unicor Steals Glove Business From Private Firms
- Union Reverses Position on Private Prisons
- New Jersey Mental Health Class Action Gains Momentum, by Steve Vaccaro
- Fact Finding Required in Disciplinary Suits
- Prison Phones Discussed
- $60,000 Judgement Against Florida DOC Reinstated, by James Quigley
- Jury Verdict Affirmed in Arkansas Prisoner Attack
- No Federal Remedy for False Disciplinary Charges
- Fact Dispute Bars Qualified Immunity Appeal
- Florida Finally Learns the Meaning of Ex Post Facto
- Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings
- Delay of Dental Service Violates 8th Amendment
- Michigan Visiting Restrictions Upheld
- Delay in Treatment for Jail Prisoner Actionable
- Denial of Counsel Reversed
- Law on Strip Searches of Prison Visitors Clearly Established
- News in Brief
- AZ Prisoners Have Right to Attend Paternity Hearings
- Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida
More from these topics:
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- Missouri Judge Heavily Sanctions DOC for “Deliberate Disregard for the Authority of This Court” in Suit Over Prisoner’s Suicide, March 1, 2026. Discovery, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing.
- 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.
- 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.
- $5,000 Settlement for Missouri Prisoner’s Retaliation Claim After Eighth Circuit Dismissed Due Process Claim Over Falsified Disciplinary Report, Dec. 1, 2025. Retaliation for Filing Grievances, Liberty Interests, Evidence, Qualified Immunity, Ad-Seg Hearings.
- Fifth Circuit Remands Louisiana Detainee’s Medical Grievance Case, Nov. 1, 2025. Systemic Medical Neglect, Summary Judgment, Discovery, Pro Se Issues, Grounds for Relief, Deliberate Indifference.
- Seventh Circuit Affirms Liberty Interest in Harsh Solitary Confinement Case, Nov. 1, 2025. Liberty Interests, Totality of Conditions, Qualified Immunity, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, April 1, 2025. Discovery, Suppression of Evidence.
- 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.

