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Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action
Loaded on July 15, 2013
published in Prison Legal News
July, 2013, page 36
The Tenth Circuit Court of Appeals held on May 1, 2012 that a federal prisoner's transfer to supermax custody must be brought as a Bivens action rather than as a federal habeas corpus petition under 28 U.S.C. § 2241.Jesus Hector Palma-Salazar, a Mexican citizen, was indicted on drug charges …
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More from this issue:
- Arizona Prison System Plagued by Politics, Privatization and Prisoner Deaths, by Joe Watson
- Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case, by Derek Gilna
- From the Editor, by Paul Wright
- Italian Prison Program Trains Female Prisoners in Fashion Industry, by Derek Gilna
- Pennsylvania DOC's Hepatitis C Protocol Challenged in Class-action Lawsuit, by Greg Dober
- Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations
- Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent
- Sixth Circuit Orders Judgment Against Three Defendants in Prisoner's Retaliation Case
- A Prolonged Stay: The Reasons Behind the Slow Pace of Executions, by Raymond Bonner
- Seventh Circuit: Summary Judgment Partially Reversed in Jail Death Caused by Medication Withdrawal
- Oregon: Post-Escape Conduct Justifies Enhanced Escape Sentence
- Oklahoma Prison Employees Disciplined, by Matthew Clarke
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, by John Dannenberg
- Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases, by John Boston
- Tennessee Judge Convicted Following Drug and Sex Scandal
- $737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide
- Prisoners Respond to Call for Prison Phone Justice; SCI-Huntingdon Delivers!, by Mel Motel
- Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established
- Illinois: Conditions Lawsuit Filed by Civilly Confined Sex Offenders Dismissed, by Derek Gilna
- Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action
- Arkansas: Sentencing Court Cannot Order Prison Treatment
- CCA Loses Four Private Prison Contracts in One Month
- California: Eastern District Jury Pool Alleged to be Biased Against Prisoners
- Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983
- Collateral Consequences Weighed for Corporations, Not for Individuals, by Russell Mokhiber
- Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition
- PLN Files Public Records Suit Against CCA in Vermont
- Some Jails Turning to Video Visitation Only, by Matthew Clarke
- Washington Sex Offender's Conviction for Failure to Report Reversed
- Fourth Circuit Reverses Dismissal of Case Challenging Virginia DOC Grooming Policy
- California: Probation Condition Cannot Prohibit Court Access
- Three New Mexico Jail Guards Convicted of Assault, Obstruction of Justice
- Ninth Circuit: Idaho Ordered to Allow Viewing of all Stages of Execution, by David Reutter
- South Carolina Sex Offender Registration Amendment Requires Actual Notice
- California Guard Fights Prisoner, Faces Charges for Falsifying Reports
- Third Circuit: Prison Officials Liable for Failing to Protect Informant
- Deadly Prison Fire Kills Hundreds in Honduras
- Third Circuit Discusses FRCP 17(c) Guardian Appointment; Evidence of Incompetency Requires Sua Sponte Inquiry
- Former Maryland Governor Acknowledges Politics Behind Life Means Life Policy
- Former Mississippi Mayor Sent to Prison
- Seventh Circuit Reverses Dismissal of Illinois Prisoner's Lawsuit Related to Shooting
- South Dakota Non-profits Lose Cheap Prison Labor, by Derek Gilna
- News in Brief
More from these topics:
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- 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. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Federal Death Row Prisoners Granted Clemency by Biden Are Facing Retaliation by Trump, Feb. 1, 2026. Transfers, Pardons/Clemency, Death Row, Bureau of Prisons (BOP), Confinement in Segregated Housing.
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- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.

