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Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes
Loaded on Nov. 15, 2002
published in Prison Legal News
November, 2002, page 25
Prison Disciplinary Boards not "Courts" for Habeas Corpus Purposes
Filed under:
Disciplinary Litigation,
Civil Procedure,
Appeals,
Mootness,
Habeas Corpus.
Locations:
Indiana,
Tennessee.
The Seventh Circuit Court of Appeals has held conclusively that prison disciplinary boards lacking a true judicial review process are not "courts" within the meaning of 28 U.S.C. §2254(d), as amended by the Antiterrorism and Effective Death Penalty Act (AEDPA). The …
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More from this issue:
- Prisoners, Politics, Money and the Census, by Gary Hunter
- Supreme Court Holds No Immunity for Alabama Hitching Post, by David Reutter
- Attorney Ghost Writing Must Be Disclosed
- The Parents' Project Advocacy for Incarcerated Fathers: What's Missing?, by Denise Johnston
- From the Editor, by Paul Wright
- Michigan Visiting Ruling Upheld
- A Sentence of Their Own, by Hans Sherrer
- New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer, by Lonnie Burton
- Illinois Jail Guards Acquitted in Killings; California Jail Guard Acquitted in Beating
- $275,000 Awarded in Stun Belt Settlement
- No Fundamental Right to Fee Waiver for Civil Rights Action
- Bureau of Justice Statistics Analyzes Parole Trends
- Virginia Sheriff Investigated for Misuse of Prisoner Funds, by Lonnie Burton
- Pennsylvania Jail Settles Retaliation Suit for $10,000
- Escapes Plague Texas Jails, by Gary Hunter
- PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case, by John E Dannenberg
- Texas Extends 6th Amendment Right to Prisoners: Confidential Attorney Calls Allowed
- Ingram v. Scott Reversed: TDCJ-ID in Compliance with Section 501.008
- Settlement Agreement Reached in Wisconsin Supermax Suit, by John E Dannenberg
- $32,500 Florida Jail Accident Settlement
- PLRA Attorney Fee Cap Applies to Fees on Fees, by John E Dannenberg
- $1 Damages and $1.50 Attorney Fees in Guard Brutality Suit, by John E Dannenberg
- New York Prisoner's Denial of Exercise Claim Set for Trial
- Washington Pretrial Detainees Have Right to Access Courts
- District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial
- Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes
- Prison Guards Can Be Liable for Prisoner Suicide
- Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling, by Gary Hunter
- Defendants' Convenience Justifies Transfer of Venue
- Plaintiff's Disability Impacts Venue
- Advocacy Groups Challenge Arizona Internet Communications Ban
- Judge Approves $9.6 Million Settlement in DC Jail Employees' Sexual Harassment Suit, by Lonnie Burton
- News in Brief
- Mexico Bars Extradition of Criminals Facing Life Sentences
More from these topics:
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- 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.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.

