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Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding
Loaded on Nov. 15, 2006
by David Reutter
published in Prison Legal News
November, 2006, page 40
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Standard of Proof.
Location:
Minnesota.
Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding
by David M. Reutter
The Minnesota Supreme Court has held that a Minnesota Department of Corrections disciplinary hearing fact-finder must find by a preponderance of the evidence that a prisoner has violated a disciplinary rule before the Commissioner …
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More from this issue:
- PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues, by John Dannenberg
- Utah House of Refuge a House of Horrors, by Gary Hunter
- Wisconsin Halfway House Overbills BOP; Fired Whistle blower Settles For $435,000, by John Dannenberg
- From the Editor, by Paul Wright
- Floridas Civil Commitment Center Under Funded and Out-of-Control, by David Reutter
- California Guard Murdered By Prisoner; Investigative Reports Blame Gross Staff Incompetence, by Marvin Mentor
- California County Jail Settles Overdue Prisoner Hospital Bills For $1.5 Million, by John Dannenberg
- South Carolina Prison Industries Program Implements Some Audit Recommendations, by Michael Rigby
- Illinois Cook County Jail Embroiled in Shootings, Scandals and Escapes
- $1,156,149 Awarded to Former Federal Prisoner for Failure to Diagnose and Treat Throat Cancer
- Colorado Expands Private Prisons While Fining CCA for Understaffing, by Matthew Clarke
- Record $3.2 Million Settlement for Wrongfully Imprisoned Massachusetts Man, by Michael Rigby
- Florida County Sued Over Refusing Sex Offender Home Weather Stripping
- Private Geo Prison in Texas Rocked By Prisoner Abuse, Disturbance and Escape, by Matthew Clarke
- Prisoner Dies in Custody of Washington Jailers, by Gary Hunter
- Georgia Sheriff Indicted on Corruption Charges, Pleads Guilty, by Gary Hunter
- Corruption in Arpaio's Office: AZ County Continues Paying Convicted Sheriffs Sgt., by Gary Hunter
- U.S. Businesses Lobby Government to Curb Federal Prosecutors, by Matthew Clarke
- Georgia Prison Guards Plead to Misdemeanors in Prisoner Beatings, by Michael Rigby
- Unique Texas Sexual Predator Civil Commitment Has Successes/Failures, by Matthew Clarke
- L.A. County Sheriff Settles Two Jail Excessive Force Suits For $135,000
- Settlement Agreement Evicts Room and Board Fees From Georgia Jail, by Michael Rigby
- Supreme Court: No Exclusionary Rule for Vienna Convention Violations, by Matthew Clarke
- Ex-Con Denied Admission To AZ Bar
- New York Parole Rates Plunge Under Governor Patakis Policy
- $6,280,000 Settlement For Illegal California Juvenile Hall Strip Searches, by John Dannenberg
- Idaho Population Cap Upheld; $155,858.68 in Fees and Cost Awarded; 300+ Prisoners Shipped to Minn. C
- New York Jail Employee Charged With Sexual Abuse Commits Suicide
- Federal Prisoner Awarded $150.00 For Food Poisoning, by Michael Rigby
- Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding, by David Reutter
- $50,000 Settlement for Neck Injury Resulting from Seattle Jail Guards Excessive Force
- Wrongly Imprisoned Massachusetts Man Settles Suit Against City For $2,450,000
- L.A. County Settles With Abused Quadriplegic Prisoner For $46,000
- Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit
- Oregon Predatory Sex Offender Designation Order Reversed; Notice and Hearing Required in All Cases
- New Jersey Appeals Court Upholds Statute Disenfranchising Felons
- News in Brief:
- Mentally Ill Arkansas Prisoners Removed From Supermax, CMS Contract Renewed, by Michael Rigby
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:
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC, April 1, 2024. Disciplinary Hearings, Disciplinary Litigation, False Charges (Disciplinary Hearings), Evidence, Drug Testing, Estimates/Averages - Use of, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- Colorado Prisoners Disciplined for Not Working Despite Ban on Prison Slavery, April 1, 2024. Prison Labor, Disciplinary Hearings.
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, March 1, 2024. Disciplinary Hearings, Hearing Officers, Seizure of Prisoner Funds.
- Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, Feb. 1, 2024. Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Liberty Interests, Good Time, Assaults on Staff.
- Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing, Sept. 1, 2023. Disciplinary Hearings, Court Appearances, Probable/Proximate Cause, After Request for Counsel.
- Shielded From Public View, Misconduct by Corrections Staff in Illinois Prisons Received Scant Discipline, May 1, 2023. Guard Misconduct, Disciplinary Hearings.
- Iowa Ombudsman Calls Out DOC For Unfair Prisoner Discipline, April 1, 2023. Disciplinary Hearings, Disciplinary Proceedings.

