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BOP Ad-Seg Rules Create a Liberty Interest
by David M. Reutter
The Eleventh Circuit court of Appeals has held that BOP administrative segregation policies create a liberty interest. The Court reversed a Georgia federal district court's order granting prison officials' motion to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be …
The Eleventh Circuit court of Appeals has held that BOP administrative segregation policies create a liberty interest. The Court reversed a Georgia federal district court's order granting prison officials' motion to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be …
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More from this issue:
- HR-4079: A National Crime Emergency?, by Michael Rigby
- Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit
- California Latino Gang Members Locked Down Over 20 Months; Narrow U.S. Attorney Criminal Review Finds "No Abuses"
- Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions, by John E Dannenberg
- From the Editor, by Paul Wright
- Report Lambastes New York Lockdowns, by Michael Rigby
- Report Lambastes New York Lockdowns
- Habeas Hints, by Kent A. Russell
- Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled, by Mark Wilson
- Expert Panel Significantly Revises Oregon's HCV Guidelines
- Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol, by John E Dannenberg
- Jury Awards $500,000 to Massachusetts Jail Guard Harassed for Breaking Code of Silence
- Three Americans Convicted of Running Sham Military Jail in Afghanistan
- South Carolina Prison Industry Program Problematic, Audit Finds, by Michael Rigby
- Doctors of Death and the Medicalization of State Murder, by Michael Rigby
- Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement
- California Sex Offender Satisfies Registration Obligation If He Mails Notice
- New Jersey Jail Guard Settles Elevator Fall Suit for $750,000
- AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied, by John E Dannenberg
- Tough Justice Leads To Quadriplegic's Death In CCA-Operated D.C. Jail, by Michael Rigby
- Rikers Island Gunshot Victims' Suit Dismissed
- Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000
- Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment, by Bob Williams
- California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes
- CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded, by Robert Woodman
- Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim, by Bob Williams
- New York Prisoner Awarded $105,000 for Shoulder Injury
- California Sexual Predator Unconditionally Released
- New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act, by John E Dannenberg
- Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated, by Michael Rigby
- Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus, by John E Dannenberg
- Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a)
- Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation, by Marvin Mentor
- Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim
- BOP Ad-Seg Rules Create a Liberty Interest, by David Reutter
- Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies
- Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle
- Federal Court Orders Mississippi to Desegregate HIV+ Prisoners
- California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor, by John E Dannenberg
- Texas County, Deputy Settle Sex Assault Case For $50,000
- Iowa Must Give Kosher Meals to Civilly Committed Sex Offender, by John E Dannenberg
- Are Prisons Obsolete?, by Silja JA Talvi
- News in Brief
- California Prosecutor Fights Deportation Of Paroled Sex Offenders
More from David Reutter:
- 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
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Monitor Says Massachusetts Prisons Will Not Meet Settlement Deadline for Mental Health Reforms, May 1, 2026. Private Prisons, DOC/BOP misconduct, Consent Decrees, Failure to Treat (Mental Illness), Suicides.
- Tulsa Jail Withholds Records Related to Detainee Deaths, April 1, 2026. Private Prisons, Wrongful Death, Suicides, Access to Media, Public Records Act.
- Analysts Recommend Closing California’s Soledad Prison, April 1, 2026. Private Prisons, Cost of Prison Systems.
- More Measles Cases Detected at Jails in New Mexico and Texas, April 1, 2026. Private Prisons, Contagious Disease -- Misc., Overcrowding, Jail Specific, Immigration Detention.
- ICE Taps New Contractor to Run Deadly Detention Center in Texas, April 1, 2026. Private Prisons, Contractor Misconduct, Systemic Medical Neglect, Totality of Conditions, Immigration Detention.
- Seventh Circuit Affirms Summary Judgment in Illinois Prisoner’s Segregation Lawsuit, March 1, 2026. Liberty Interests, Evidence, Totality of Conditions, Ad-Seg Hearings, Administrative Detention/Segregation.
- $200,000 for Detainee Thrown in “Rollover” Solitary Without Food or Water at Minnesota Jail, Jan. 1, 2026. Totality of Conditions, Ad-Seg Hearings, Failure to Treat (Mental Illness), Monell Liability, Confinement in Segregated Housing.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.
- SCOTUS Stops Fourth Circuit from Tossing Federal Prisoner’s Appeal on Technicality, Dec. 1, 2025. Ad-Seg Hearings, Preservation of Appellate Rights/Issues, Authority and Jurisdiction, Administrative Detention/Segregation.
- $5,000 Settlement for Missouri Prisoner’s Retaliation Claim After Eighth Circuit Dismissed Due Process Claim Over Falsified Disciplinary Report, Dec. 1, 2025. Retaliation for Filing Grievances, Liberty Interests, Evidence, Qualified Immunity, Ad-Seg Hearings.

