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Spencer Applied to Parolee's § 1983 Claim
Loaded on Feb. 15, 1999
published in Prison Legal News
February, 1999, page 26
Spencer Applied to Parolee's § 1983 Claim
Filed under:
Disciplinary Litigation,
Searches,
Parole/Probation Searches,
Parole,
Wrongful Imprisonment.
Location:
California.
Afederal district court in California held that a state parolee could file suit under 42 U.S.C. § 1983 challenging his parole revocation and an illegal parole search without first having a favorable ruling on these issues from another court via habeas corpus or …
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More from this issue:
- Our Sisters' Keepers, by Daniel Burton-Rose
- Human Rights Report Details Women in Prison
- Campaign to End Slavery in American Prisons
- From the Editor, by Paul Wright
- Book Review: Breaking the Walls of Silence, by Laura Whitehorn
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Felony Trial for Planted Knife Is Malicious Prosecution
- Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional
- Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits
- New York Prison Guard Nailed with DNA Evidence
- California Guards Indicted in Rapes, by Willie Wisely
- Virginia Prison "Fire Trap" Finding Reversed
- Threats to File Grievances Protected
- University Professor Shills for Private Prison Industry, by Alex Friedmann
- Samuels v. Mockry Reversed Once Again
- Scott Superceded
- Washington 35% Statute Upheld in State Court
- Settlement in Washington State Deaf Prisoners' Lawsuit, by Jeff Crollard
- Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling, by Leonard Feldman
- California Gas Chamber Ruling Vacated
- PLN Writer Settles Nude Photo Suit for $3,000
- Illinois Sheriffs Are County Employees
- Guard Socked for $37,500 in Vendetta
- Rikers Island Brutality Suit Settled, by Jonathan Chasan
- Victim of Guard Rape Awarded $50,000
- Abuse of Discretion to Dismiss Medical Suit
- Abuse of Prisoners Confirmed at CCA Facility
- Eighth Circuit Reinstates $80,000 Damage Award in Rape Case
- No Credit for Time Served on Wrongful Conviction
- Parole Officer Recommendation Not Protected by Absolute Immunity
- Cancellation of TDCJ/VitaPro Contract Reversed
- Trial Required in Wisconsin Excessive Force Suit
- No Right to Mutual Legal Assistance in 11th Circuit
- Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA
- Colorado Contraband Rule Requires Visitor Notice
- Indiana Jail Ban on Publications Struck Down
- News in Brief
- Arizona Jail Porn Ban Struck Down
- Temporary Injunction Issued to Prevent Sex Offender Notification to Employer
- Spencer Applied to Parolee's § 1983 Claim
More from these topics:
- Exonerated Texas Prisoner Entitled to $1.68 Million After 22 Years of Wrongful Incarceration, May 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Actual Innocence/Claim of Innocence, Failure to Consult/Investigate/Raise, Expert and Opinion Testimony.
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- Colorado Law Intended to Reduce Prison Population Hasn’t Improved Conditions, March 1, 2026. Overcrowding, Parole, halfway houses, Reduction of Prison Population.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- North Carolina Parole Commission Agrees to Stop “Moving Goalposts” for Prisoners Who Committed Crime as Juveniles, Feb. 1, 2026. Parole Board Misconduct, Rehabilitation/Recidivism, Parole, Juvenile Offenses/Offenders, Cruel and Unusual Punishment.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- Exonerated Former Prisoner Wins Election for Chief Record Keeper in New Orleans, Jan. 1, 2026. Prisoner Legal Assistance, Juries, Public Records, Wrongful Conviction, Wrongful Imprisonment.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.

