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Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test
Loaded on July 15, 2008
by John Dannenberg
published in Prison Legal News
July, 2008, page 42
by John E. Dannenberg
Filed under:
Disciplinary Hearings,
Liberty Interests,
Lockdowns,
Law Library Access/Adequacy,
Administrative Exhaustion,
Publications/Books,
Prisoner Media.
Location:
California.
The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that denied relief from an allegedly unconstitutional prison classification decision. The Court also affirmed the denial …
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More from this issue:
- Not the Usual Suspects: The Politics of the Prison Boom, by Marie Gottschalk
- Arkansas Law Discloses Legislators’ Business Ties to State, by David Reutter
- From the Editor, by Paul Wright
- PEW Public Safety Report: Prisoncrats Abuse Their Probation/Parole Violation Powers So As To Stymie Offenders’ Re-entry Into Society, by Marvin Mentor
- Child Abuse Abounds in Wilderness and Boot Camp Programs, by Matthew Clarke
- Squalor, Corruption Cause Cancellation of GEO Group’s TYC Contract, by Gary Hunter
- A Long Road Toward Reform: An Interview with John Boston, Director of the Prisoners’ Rights Project of the New York City Legal Aid Society, by Todd Matthews
- Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution, by Matthew Clarke
- Once Again, Former Florida DOC Secretary Faces Liability in Prisoner Beating; Case Settled for $400,000, by David Reutter
- Two BOP Guards, One Beaten Prisoner: One Guilty Plea, One Acquittal
- “Hot Bunking” at Cook County Jail Could Violate Consent Decree
- Out-going Kentucky Governor Issues 101 Pardons, Commutations, by David Reutter
- Wisconsin County Bans Profiteering in Jail Phone Contracts
- Missouri Execution Nurse, Doctor Have Questionable Histories, by John Dannenberg
- Indicted California Sheriff Resigns to Fight Federal Corruption Charges
- California DOC Federal Health Care Receiver Replaced, by John Dannenberg
- California Juvenile Parolees Entitled to Two-Step Revocation Process, by John Dannenberg
- $100,000 Settlement in Illinois Jail Guard’s Forced Oral Sex of Female Prisoner
- California: Few Sex Predators Civilly Committed To Mental Hospitals, Despite Expanded Qualification Criteria, by John Dannenberg
- CCA Fined $140,000 for Early Release of Prisoners at FL Jail; Quits Contract
- Infected Hand Mistreatment At Sacramento County Jail Settled For $100,000
- Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges, by David Reutter
- Grand Jury Report, Four Nebraska Jail Guards Indicted in Prisoner’s Death, by David Reutter
- No Safety or Security for Maryland Prisoners, by Michael Rigby
- $150,000 Settlement in Pennsylvania Jail Prisoner’s Suicide
- Ohio Prisoner Wins $4,525 Award For Assault By Guard
- California DOC Stipulates to Removal of Visitor X-Ray Ma-chines, but Damages Appeal Dismissed, by John Dannenberg
- Washington State Sex Offender Vigilante Dies In Prison
- $35,00 Settlement in Sexual Assault of Pennsylvania Female Prisoner by Guard
- Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test, by John Dannenberg
- Change in Texas Parole Law May Be Ex Post Facto Violation, by Matthew Clarke
- News in Brief:
- Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines
More from John Dannenberg:
- Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville, March 5, 2015
- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
- The Redbook – A Manual on Legal Style, April 15, 2014
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, Feb. 15, 2014
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
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- Prisoners in Norfolk, Virginia Left on Extended Lockdown, May 1, 2026. Staffing, Lockdowns, Telephone Access, Extended Family Visiting, Failure to Protect (Staff).
- Illinois Jail Reprimanded for Denying Detainees Mail Based on Media Content, P.O. Box Return Address, Settles Detainees’ Suit with $111,825 Payment of Legal Fees, May 1, 2026. Publications/Books, Mail Regulations, Censorship, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
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- HRDC Sues Colorado Jail for Prohibiting Dozens of Magazines and Books, May 1, 2026. Publications/Books, Due Process, Censorship, Constitution, state, HRDC Litigation.
- Connecticut Correction Ombuds Finds DOC in “Sustained Institutional Failure”, May 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Totality of Conditions, Lockdowns, Prisoner Legal Assistance.
- Prisons in Michigan’s Upper Peninsula “in a Death Spiral” Due to Under-Staffing, May 1, 2026. Staffing, Lockdowns, Rural Prisons, Rehabilitation/Recidivism, Assaults on Staff.
- At This Prison, Staffing Fluctuations Land Hardest on Lifers, April 1, 2026. Staffing, Lockdowns, Life without Parole (LWOP), Failure to Treat (Mental Illness), Staff Training.
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- 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.