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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 …
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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:
- Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.

