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Tenth Circuit Holds Due Process Requires Meaningful Segregation Reviews
Loaded on Sept. 15, 2012
by Brandon Sample
published in Prison Legal News
September, 2012, page 44
Prisoners indefinitely confined to administrative segregation are entitled to meaningful, periodic reviews of their segregation status, the U.S. Court of Appeals for the Tenth Circuit held on June 20, 2011, while granting qualified immunity to the prison official defendants. The appellate court issued an amended opinion in April 2012; however, ...
Filed under:
Liberty Interests,
Immunity/Liability,
Qualified Immunity,
Ad-Seg Hearings.
Location:
Colorado.
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More from this issue:
- Interview with Conrad Black, Former Federal Prisoner and Millionaire Media Magnate, by Paul Wright
- From the Editor, by Paul Wright
- Birthing Behind Bars: A Campaign for Reproductive Justice in Prisons, by Victoria Law
- Ex-Warden’s Wife Sentenced to One Year for Assisting Prisoner’s Escape
- Prisoner Medical Care Costs Oregon Taxpayers Over $100 Million Annually
- Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases, by Kent A. Russell
- PHS Hit with $312,000 Verdict for Inadequate Care of Pennsylvania Prisoner
- $657,670 Settlement in Ohio Juvenile Facility Class-action Suit
- Ventura County, California Settles Wrongful Arrest Class-action Suit for $350,000
- $93,000 Settlement for Georgia State Prisoners Beaten by Guards
- Iowa SOTP Requirement Does Not Violate Fifth Amendment
- Bureau of Prisons Houses More “Terrorists” than Guantanamo, by Derek Gilna
- CIA Slammed for Torture Abuses at Secret Lithuanian Prisons, by Derek Gilna
- Economy Forces Oregon Jails to Eliminate Beds
- The Mentally Disordered Inmate and the Law, 2nd edition, by Julie Etter
- $2.3 Million Jury Award in Washington, D.C. Wrongful Parole Revocation Suit
- FEMA Funds New Orleans Jail Complex
- Hundreds Removed from Georgia’s Sex Offender Registry
- Arizona DOC Faces Lawsuit Over Inadequate Medical Care, by Joe Watson
- Bail Bond Companies Profit While Poorest Defendants Remain in Jail, by David Reutter
- GAO Report on Drug Courts Criticized by Drug Policy Alliance, by Joe Watson
- Proving Damages to the Jury, 1st Ed., by Jim Wren, by John Dannenberg
- Onerous Change in Michigan Commutation Procedures Fails to State Ex Post Facto Claim
- Prisoners and Families Connect with Video Visitation, for a Price
- Texas Court Orders TDCJ to Provide Hearing Impaired Telecommunications
- Tenth Circuit Holds Due Process Requires Meaningful Segregation Reviews, by Brandon Sample
- Idaho Appellate Defender: State’s Adult Misdemeanor Probation System “Void”
- Arrests of Federal Prison Guards Soar 90% Over Past Decade; Misconduct Cases Double, by Derek Gilna
- Criminal Procedure – Constitutional Limitations in a Nutshell, 7th Ed., by Jerold H. Israel and Wayne R. LaFave, by John Dannenberg
- Google Provides Law Enforcement and Courts with User Information, Censors Content, by Joe Watson
- Book Review: A Dictionary of Criminal Law Terms, by Bryan Garner, by John Dannenberg
- Attorney Who Brought Reporter into Prison Cleared of Ethical Violations
- $375,000 Settlement for Washington Female Juvenile Detainee Raped by Guard
- News in Brief
More from Brandon Sample:
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, April 12, 2019
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, April 19, 2018
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, Dec. 19, 2017
- Maryland Ban on Prisoner's Book Rescinded, Aug. 23, 2016
- Former BOP Guard Convicted In Murder-For-Hire Scheme, Aug. 22, 2016
- Second BOP Guard Convicted In Assault-For-Hire, Aug. 22, 2016
- BOP Dentist Gets Slap On The Wrist for Sex Abuse, Aug. 22, 2016
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, May 1, 2024. Drug Overdose, Qualified Immunity.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up, May 1, 2024. Medication, COVID-19, Immunity/Liability.
- Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits, May 1, 2024. Education, Good Time, Overdetention, Qualified Immunity.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.
- Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner, March 1, 2024. Retaliation for Filing Grievances, False Charges (Disciplinary Hearings), Qualified Immunity, Control Units/SHU/Solitary Confinement, Immunity - Absolute and Qualified, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.