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Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit
Loaded on June 15, 2000
by Ronald Young
published in Prison Legal News
June, 2000, page 10
By Ronald Young
Filed under:
Disciplinary Litigation,
Excessive Force,
Shootings,
Evidentiary Ruling,
Estoppell,
Res Judicata.
Location:
California.
The U.S. district court for the East- ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a result of incident.
Vincent Marquez, a California state prisoner, brought a 42 U.S.C. § 1983 ...
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More from this issue:
- The New Bedlam, by Willie Wisely
- From the Editor, by Paul Wright
- Riot at Private Prison
- Pro Se Tips and Tactics, by John Midgley
- Wisconsin Prisoners Rebel at Private Tennessee Prison
- My Statement in Response to the State
- Defiant Texas Death Row Activist Executed
- New York Prisoner Wins $50,000 In Failure To Treat Mental Illness Suit
- $59,177 in Damages and Fees Awarded in Georgia Braille Suit
- Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit, by Ronald Young
- Retaliation Claim Requires Trial
- $15,000 Awarded to Ohio Prisoner Beaten by Guards
- Attica Suit Settled for $12 Million
- Attica Uprising Verdict Reversed
- Illinois Jail Guards Charged with Smuggling Gun
- Women in Prison: GAO Report, by Julia Lutsky
- Marijuana Law, 2nd Edition, by Allan Parmelee
- Federal Judge Hits BOP Mule with Two-by-Four
- Republican Political Prisoners in the North of Ireland, by David Fanning
- Prison Working Conditions Protected by Eighth Amendment
- Mark Cook Freed
- U.S. Supreme Court to Revisit Civil Commitment
- Illinois Phone Suit Dismissed
- West Virginia Prisoners Protest Visit/Phone Restrictions
- Former BOP Director Fingered in Sex Scandal
- Colorado Prison Population Exploding, by Bob Williams
- Four Texas Guards Nabbed in Bribery Sting
- $200,000 Awarded in Michigan Jail Wrongful Medication Suit
- New York Jail Guards Charged with Raping Prisoners
- Washington Restitution Orders Are Invalid After 10 Years
- Oregon Execution Viewing Rules Invalidated
- Exhaustion Not Required for Claims of Assault
- Prison Psychologist Pleads Guilty to Aiding Escape
- News in Brief
- U.S. Parole Commission Bound by Own Rules
More from Ronald Young:
- Private Prison Lobbying Group Founded, Jan. 15, 2002
- Ohio Eliminates Prison Oversight Committee; Reduces Prison Funding, Jan. 15, 2002
- Corrections Corporation of America Announces Closing of Youngstown Prison, Jan. 15, 2002
- Colorado ACLU Settles Restraint Board Suit, Jan. 15, 2002
- New Missouri Mega-Prison Mothballed, Dec. 15, 2001
- Texas Jury Awards $70,000 in Prison Stabbing, Dec. 15, 2001
- Arizona CCA Prison Found 'In Turmoil', Dec. 15, 2001
- Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit, Dec. 15, 2001
- Blind Ohio Prisoner Spends Months in Strip Cell, Nov. 15, 2001
- Mississippi Taxpayers Fund Welfare Payments to Private Prisons, Nov. 15, 2001
More from these topics:
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Settlements Total $3.85 Million for Nevada Prisoners Hit with Birdshot, Aug. 15, 2024. Guard Misconduct, Shootings, Settlements.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
- 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.
- Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, Feb. 1, 2024. Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Liberty Interests, Good Time, Assaults on Staff.
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- Florida Prison Guard Arrested in Apparent Love-Triangle Shooting, June 13, 2023. Guard Misconduct, Guard Brutality/Beatings, Shootings, Arrest/Arraignment.
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023. Evidentiary Ruling, Habeas Corpus, Hearings.
- Texas Prison Warden and Brother Charged with Shooting Two Migrants, Killing One, April 1, 2023. Guard Misconduct, Shootings, Police--Excessive Force.
- Investigation Delays Let Cops Kill Again, March 15, 2023. Racial Discrimination, Shootings, Excessive Force (Police), Racial Profiling, Official Investigation.