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Expungement, Not Rehearing, Mandated in Colorado Disciplinary Reversals
Loaded on April 15, 2007
by Bob Williams
published in Prison Legal News
April, 2007, page 42
In an unpublished opinion, the Colorado Court of Appeals has held that expungement of a prisoner?s disciplinary record, not a rehearing, is an appropriate remedy when reversed on administrative or judicial review.
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Informants (Disciplinary Hearings),
Good Time.
Location:
Colorado.
Colorado prisoner Lewis Simpson was convicted of Code of Penal Discipline (COPD) violations for assault and advocating a …
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More from this issue:
- Reflections on Katrina’s First Year: The Story of Chaos and Continuing Abuse in One of America’s Worst Justice Systems, by Bob Williams
- From the Editor, by Paul Wright
- Mentally Ill Connecticut Prisoner Assaulted by Guard Awarded $250,000, Plus $121,384.80 in Fees
- California DOC Stipulates to Providing Comprehensive Dental Care Program, by John Dannenberg
- PLN Sues Dallas County Jail for Censorship
- Two Registered Sex Offenders Murdered in Maine, by Matthew Clarke
- Does Parole Work? Apparently Not.
- Two Victories in New York’s Struggle Against Unjust Telephone Contract, by Rachel Meeropol
- Early Release Debacle Prompts Nevada Prison Director’s Resignation, by Matthew Clarke
- California DOC Substance-Abuse Contractor Audits Reveal $5 Million in Overcharges, by John Dannenberg
- Alabama Transfers Prisoners to Louisiana Rather Than Use In-State Prison, by Gary Hunter
- Pennsylvania County Pays U.S. INS $16 Million for Detainee Housing Overcharges, by John Dannenberg
- Prisoners In 13 States Allowed Work-Access To Social Security Numbers, by John Dannenberg
- Deaths In Alabama Jail Prompt Changes, by Gary Hunter
- Eight Tennessee Guards Convicted in Prisoners’ Beatings, Death, by Gary Hunter
- Washington State Supreme Court Justice Reprimanded For Visiting Prisoners
- Sexual Victimization in Prison Statistically Analyzed, by John Dannenberg
- Yale University Divests CCA Stock Following Student and PLN Protests
- Tennessee Prison Contracting Official Engaged to Contractor
- California Corrections Standards Authority Chided by Inspector General for Failure to Develop Prison Guard Selection and Training Standards, by Marvin Mentor
- Illinois DOC Capitulates On Prison Newspaper Ban, by John Dannenberg
- Corruption and Violence Plague South Africa’s Post-Apartheid Prisons, by Gary Hunter
- Chicago Juvenile Detention Center Workers Resist Court-Ordered Reforms, by John Dannenberg
- Maryland’s Public Information Act Exempt from Administrative Exhaustion Requirements
- California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal, by John Dannenberg
- California Prisoner Fed Finger Settles with Florida Food Manufacturer
- Ninth Circuit: Before Conducting Warrantless Parole Search, Police Need Probable Cause to Believe Parolee Lives There, by John Dannenberg
- BOP Mail Rule Banning Internet Downloads and Soft Cover Publications Not Sent by Publisher Held Unconstitutional, by John Dannenberg
- Oklahoma Orthodox Jewish Prisoners Win Kosher Diet, by John Dannenberg
- Marin County, California Settles Wrongful Jail Death For $1 Million, by John Dannenberg
- California-Based Mental Health Systems, Inc.Fails 23 Audits, by John Dannenberg
- Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable, by John Dannenberg
- California State Prisoner Wins $21,800 for 250 Days Excess Incarceration
- California Prisoner IFP State Civil Filing Fee Statutes Interpreted, by John Dannenberg
- Sensitive Illinois DOC Personnel Records Compromised
- News in Brief:
- Expungement, Not Rehearing, Mandated in Colorado Disciplinary Reversals, by Bob Williams
- Los Angeles County Sheriff Immune from Suit on Jail Housing Policies, by John Dannenberg
More from Bob Williams:
- Ninth Circuit Reverses Suit Over Fees Charged Prepaid Debit Cards Given To Released Prisoners, April 1, 2020
- Safety at Any Price - Massachusetts Corrections Fiscal Failure , Sept. 22, 2015
- Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal, July 3, 2015
- No Rehearing For Disciplinary Actions Vacated On Substantive Grounds, July 15, 2011
- Treatment Required For Prisoners Committing Sex Offenses In Prison, July 15, 2011
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, June 15, 2011
- Shrinking Budgets Force States to Cut Corrections Spending, March 15, 2010
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, Feb. 15, 2010
- One of Every 11 Prisoners Now Serving Life Sentence, Feb. 15, 2010
- Pennsylvania Contractor Prohibited from Using State and Federal Funds for Religious Purposes, April 15, 2009
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- Texas State Jails Fail: Institutions Conceived as Safe Spots for Rehabilitation After Minor Drug Convictions Now Flooded With Drugs and Major Felons, March 1, 2026. Drug Overdose, Staffing, Rehabilitation/Recidivism, Good Time, Drug Treatment/Rehab.
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- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026. Good Time, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits.
- CDCR May No Longer Use Sentence Credits to Advance Parole Eligibility of Some California Prisoners Serving Indeterminate Sentences, Dec. 1, 2025. Good Time, Constitution, state, Sentence, Credits, Reduction of Prison Population.
- 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.
- Fourth Circuit Rules in Favor of Prisoner’s Eligibility for Time Credits, Nov. 1, 2025. Good Time, Habeas Corpus, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Death/Bodily Injury, Sentencing Findings.
- California Approves Higher Wage for Prisoner Firefighters (But Still Underpays), Nov. 1, 2025. Work Release, Prison Labor, Injury -- Misc., Rehabilitation/Recidivism, Good Time.
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025. Good Time, Federal Extradition Act, Credits.
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025. Good Time, Credits, Concurrent and Consecutive Sentences.

