×
You've used up your 3 free articles for this month. Subscribe today.
Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause
Loaded on March 15, 2005
published in Prison Legal News
March, 2005, page 28
The U.S. Court of Appeals for the Second Circuit has affirmed the U.S. District Court for the Southern District of New York's order denying prison officials' motion for summary judgment on qualified immunity grounds in a prison discipline case.In 2003 Anthony Palmer was incarcerated at New York's Sing Sing …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful
- Pay To Play: Guard Union Spreads the Wealth
- New York Jail Settles Strip-Search Suit For $2.7 Million
- Five Florida Cases Remanded for Award of Jail or Prison Credits
- South Carolina Prison Officials Cheat Charity, Attempt Coverup
- Washington Guards Settle Lawsuits For $7,270,000 And $810,000, Lose Third
- Ohio Lawyer Suspended for Promising Favor from Judge for Money
- Harsher Oregon Parole Statute Cannot Be Applied Retroactively
- From the Editor
- Problems Plague Illinois Jails And Prisons, Employees Watch Television for Pay, by Michael Rigby
- Connecticut Woman Gang-Raped In Sheriff's Van Settles Suit For $480,000
- Prison Population Still Rising in Mid-Year 2003
- Exhaustion of Administrative Remedy Requirement May be Excused
- Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison
- Judges Of Death, by Mumia Abu-Jamal
- U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away, by David Zuckerman
- Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld
- Fulton County Jail under Federal Control
- 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv
- NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case
- Uprising by Vermont Prisoners Damages CCA Prison in Kentucky, by Matthew Clarke
- Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause
- New York Jail's Strip Search Policy Permanently Enjoined
- Oregon Ban On Sexually Explicit Mail, Fantasy Games Upheld, State Law Claims Remanded
- Washington Community Custody Sanctions Upheld
- Delaware Prisoner Killed In Hostage Standoff, Counselor Raped
- Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit
- Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence
- Fourth Circuit Reinstates Federal Prisoner's FTCA Claim
- Pennsylvania Statute Banning Sex Between Staff and Prisoners Upheld
- $78,435 in Attorney Fees for Successful Challenge to Pennsylvania's Megan's Law
- PHS and Florida Sheriff Fight Over Liability in Jail Beating Death Suit
- Mailbox Rule Applies to Texas Prisoners Civil Filings
- Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment
- Arizona Appellate Court Vacates Restitution Order In Escape Case
- Idaho Prisoner States Valid Retaliation Claim Against Parole Commission
- Lucasville: The Untold Story of a Prison Uprising, by Karen Thimmes
- Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme
- Massachusetts Court Imposes Time Limits For Unrepresented Criminal Defendants
- News in Brief:
- Washington Absconding Does Not Toll LFO Collection Statue
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Prisoners in Norfolk, Virginia Left on Extended Lockdown, May 1, 2026. Staffing, Lockdowns, Telephone Access, Extended Family Visiting, Failure to Protect (Staff).
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- 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.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- 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.

