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Lack of Evidence Bars Disciplinary Finding of Guilt

Loaded on Feb. 15, 2000 published in Prison Legal News February, 2000, page 19
Filed under: Disciplinary Hearings, Liberty Interests, Sanctions (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Escapes, Injunctions. Location: Arizona.
Lack of Evidence Bars Disciplinary Finding of Guilt Regardless of Punishment Imposed

The court of appeals for the Ninth circuit held that it violates due process to find a prisoner "guilty" of violating a prison disciplinary rule when absolutely no evidence supports the finding. The court held it is immaterial …

 

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