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Sandin Analysis Hinges on Punishment Actually Imposed
Loaded on Oct. 15, 1998
published in Prison Legal News
October, 1998, page 22
The court of appeals for the Second circuit held that an analysis of whether due process is required for disciplinary hearings where segregation was imposed as punishment will turn on the punishment actually imposed, not the potential penalty. The court also held that a lower court erred when it considered …
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Liberty Interests,
Legality of Rules.
Location:
New York.
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More from this issue:
- Arizona DOC Paralegal Fraud: Law Libraries Closed, Replaced by Scam Artists, by Dan Pens
- Arizona Paralegals Obstruct Court Access
- Nine Florida Prison Guards Indicted, Fired
- From the Editor, by Dan Pens
- Loompanics Unlimited, by Paul Wright
- Book Review: Project Censored: The News That Didn't Make the News, by Paul Wright
- Texas State Symbol Sewn by Slaves
- Anatomy of a Whitewash, by Mumia Abu-Jamal
- Serious Crime Down Again
- Corcoran Prison Sex, Lies, and Videotape, by Willie Wisely
- The Buck Stops Where?, by Alex Friedmann
- Devil's Island Redux
- Georgia Brutality Suit Settled for $283,500
- Georgia DOC Turns to Private Prisons, by Alex Friedmann
- Ohio Sells Prison Records
- PLRA Physical Injury Requirement Does Not Apply to Ex-Cons
- No Administrative Exhaustion for Bivens Suit
- FRCP 12(b)(6) Standard Applied to PLRA Dismissals
- No Exhaustion Required for Money Damage Claims
- Maryland Indigent Court Cost Suit Settled
- Utah Porn Ban Rescinded; Suit Settled
- Wisconsin Transfers Spark Protest
- Ohio Union Officials Protest Prison Labor
- Phone Profits 'Benefit' Jail Detainees
- Manslaughter Charges Against Three TX Guards Dismissed
- CT Prisoners Pinched for Cost of Imprisonment
- Four Indicted in Videotaped Brazoria Jail Beatings
- Sign Language Interpreters Required in Missouri
- UNICOR Worker Receives $928.32 for Lost Hand
- Private Health Care Providers Denied Qualified Immunity
- FL DOC Violates Individuals with Disabilities Education Act
- Sandin Analysis Hinges on Punishment Actually Imposed
- New Trial After Magistrate Conducts Jury Selection
- Trial Required in New Jersey Diabetic Care Suit
- Prisoner Attendance at Depositions Discussed
- California Lifers Covered by Tolling Statute
- Garnishment Proceeding Part of Underlying § 1983 Action
- Fifth Circuit Expands Qualified Immunity Defense
- News in Brief
- Kansas Prisoners Entitled to Halfway House Credits
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- Denial of Legal Materials Sent by Relatives Upheld
- Failure to Protect in Prison Fight Violates 8th Amendment
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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.
- 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.
- 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.
- 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.
- 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.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC, April 1, 2024. Disciplinary Hearings, Disciplinary Litigation, False Charges (Disciplinary Hearings), Evidence, Drug Testing, Estimates/Averages - Use of, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.

