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Second Circuit Holds That Gang Member Designation Regulation is Not Ex Post Facto
Loaded on March 15, 2001
published in Prison Legal News
March, 2001, page 27
The Second circuit court of appeals held that a Connecticut DOC administrative directive making prisoners classified as safety threats ineligible to earn good time credits was not ex post facto and that a Connecticut statute did not create a liberty interest in good time. On September 3, 1993, Ralph Abed …
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More from this issue:
- Deadly Nostalgia: The Politics of Boot Camps, by Christian Parenti
- Riot at CCA Prison Hospitalizes 15 Guards, by Gary Hunter
- FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial
- The Spirit of Freedom and Resistance, Long Kesh Prison Closed, by Julia Lutsky
- Cook County Deputies Charged in Beating Death
- BOP Organ Transplant Ban Questioned
- U.S. Isolates Political Prisoners, by Ronald Young
- Feds Continue Abuse of El-Hage
- WA DOC Sells Prisoner Information
- The Continuing Saga of Corruption in the New York State Parole System
- Texas Deputy Pays Price for Testifying
- Jail Term for DUI Turns into Death Sentence
- Texas Death Machine Faces Renewed Criticism
- Wildfires Highlight Cheapness of Prisoner Lives
- Ad Seg States Claim, But Loses on Merits
- Lorton Conditions Unconstitutional
- Colorado Prisoner Challenges 'Sex Offender' Label
- BOP Possession Offense Requires Specific Intent
- Permanent Injunction Granted for Kosher Diets
- SHU Should Be Compared to Conditions Experienced by All Prisoners
- Consent No Defense For Guard Accused of Raping Prisoner
- Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours
- NJ Prisoners Entitled to Cross Examine Witnesses
- "The Judge Gave Me Ten Years--He Didn't Sentence Me to Death", by Anne-Marie Cusac
- Oregon Compelled Parole Statute Not Retroactive
- Improperly Installed Bunks State 8th Amendment Claim
- Second Circuit Holds That Gang Member Designation Regulation is Not Ex Post Facto
- PLRA Doesn't Apply to Civil Commitments
- News in Brief
- $1.18 Million in Santa Clara Co. Sexual Assault/Harassment Suit
- New York Prayer Rule Struck Down
- Federal Religious Freedom Law Passed
More from these topics:
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Texas State Jails Fail: Institutions Conceived as Safe Spots for Rehabilitation After Minor Drug Convictions Now Flooded With Drugs and Major Felons, March 1, 2026. Drug Overdose, Staffing, Rehabilitation/Recidivism, Good Time, Drug Treatment/Rehab.
- SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections, Feb. 1, 2026. Ex Post Facto, Restitution, Constitution, U.S., Statutory Construction/Interpretation.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026. Good Time, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits.
- CDCR May No Longer Use Sentence Credits to Advance Parole Eligibility of Some California Prisoners Serving Indeterminate Sentences, Dec. 1, 2025. Good Time, Constitution, state, Sentence, Credits, Reduction of Prison Population.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.
- SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
- Fourth Circuit Rules in Favor of Prisoner’s Eligibility for Time Credits, Nov. 1, 2025. Good Time, Habeas Corpus, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Death/Bodily Injury, Sentencing Findings.
- California Approves Higher Wage for Prisoner Firefighters (But Still Underpays), Nov. 1, 2025. Work Release, Prison Labor, Injury -- Misc., Rehabilitation/Recidivism, Good Time.

