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Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing
Loaded on April 15, 2005
published in Prison Legal News
April, 2005, page 41
The Tenth Circuit court of appeals has held that a prisoner who claims he was denied an attorney or court hearing for 73 days while awaiting extradition for parole revocation need not show that the revocation had been reversed before filing suit.Steven Roy French, an Oklahoma state prisoner, filed …
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More from this issue:
- Abu Ghraib's Stain on Military Medicine, by Steven Miles
- New Jersey County Settles With Imprisoned Deaf Man For $175,000
- From the Editor
- PLN's ADX Censorship Suit Partially Survives Motion to Dismiss
- Wisconsin Enacts Law, Prison Reforms Regarding Sex Assaults
- California Establishes Statewide Hepatitis-C Management Program
- Wisconsin County Pays $6.95 Million To Settle Strip-Search Suit
- Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail
- Five Homicides In L.A. County Jail Blamed On Security Lapses; 25 Sheriff's Deputies May Be Disciplined
- PLN Wins Washington DOC Bulk Mail Suit, Again, by John E Dannenberg
- Untreated Dental Infection Kills California Prisoner
- Nine California Guards Fired For Prisoner Assaults
- CCA Pays House Majority Leader’s Personal Charity $100,000
- New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards
- Phone Companies Gouge California Jail Prisoners' Families
- California Criminal Fine Surcharges Ruled Ex Post Facto
- New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards
- New York Legislator Pays For CSC-Chauffeured Rides
- Concubine and Children Cannot Sue for Wrongful Death of Federal Prisoner
- California Awards MCI WorldCom Another Sole-Source Prisoner Phone Contract
- Louisiana Jail Settles Suicide Suit For $3 Million
- California Youth Authority Fires Six For Pummeling Prisoners And Filing False Reports
- Court Holds Florida's Administrative Processing Fee is Constitutional
- Florida's Faith-Based Programs Under Watchful Eyes, by David Reutter
- $40,000 To Settle Excessive Force Claim At Los Angeles County Jail
- Rhode Island Prisoner Awarded $3,900 for False Imprisonment
- Texas State Equipment and Employees Used for Private Prison Labor Lobbying, by Matthew Clarke
- Georgia Prison Official Immune, Prison Nurse Not, in Prisoner's Suicide
- Race-Based California Prison Job Lockout May Violate Equal Protection
- Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition
- New Jersey DOC Liable for Prisoner Death Caused by CMS, by Robert Woodman
- No Miranda Error During FBI Office Interrogation Where Parolee Knew He Was Free To Leave
- Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit, by Matthew Clarke
- Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration
- D.C. Prisoner Receives $19,500 Settlement for Slip-and-Fall
- BOP Good-Time Statute Upheld By Three Circuits
- First Circuit Rejects Interlocutory Appeal for Authorities Accused of Frame-Up
- Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing
- News in Brief
- Triple-Dipping Jail Psychiatrist Fired For Past Medicare Fraud Conviction
More from these topics:
- 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.
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- 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.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- Sixth Circuit Upholds $45 Million Verdict for Wrongfully Convicted Former Ohio Prisoner, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.

