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Seventh Circuit Reverses Infraction for Failure to Allow Prisoner to Present Evidence
by Lonnie Burton
On April 19, 2016, a panel of the Seventh Circuit reversed the decision of an Indiana prison hearings officer who had found a state prisoner guilty of possessing heroin. The appellate court held that because the prisoner was prevented from defending against the accusation, his …
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More from this issue:
- Banks Profit from Loans to Private Prison Industry, by Derek Gilna
- Florida: Trio of Con Artists Sentenced in Rule 35 Sentence Reduction Scam
- Study Finds Extreme Lack of Gender, Racial/Ethnic Diversity in State Courts, by Derek Gilna
- Seventh Circuit Reinstates Indiana Prisoner’s Lawsuit, Holds Prison Officials Prevented Him from Pursuing Grievances, by Lonnie Burton
- Denial of FOIA Request for Complaints Against Immigration Judges Reversed, by Christopher Zoukis
- Fourth Circuit Rules Lawsuit over Inadequate Prison Food Not Barred by Res Judicata, by Lonnie Burton
- Ethics Rule Requiring Post-conviction Disclosure of Exculpatory Evidence Adopted in North Carolina
- Use of Electronic Monitoring Skyrockets, by Christopher Zoukis
- Nebraska Supreme Court Holds Reporter Can’t See Executed Prisoner’s Drawings, by Christopher Zoukis
- Seventh Circuit: Two-month Delay in Ordering Biopsy Not Deliberate Indifference, by Christopher Zoukis
- Tennessee Sheriff Settles Lawsuit over Religious Proselytization
- Unlikely Criminal Justice Reform: How New York City Reduced Arrests and Slashed Prisoner Populations, by Lonnie Burton
- United Kingdom: 80% of Prisoners Aspire to be Entrepreneurs, Opportunity Fund Helps
- Man Smuggles Poison into Jail, Commits Suicide Following Arrest for Failure to Pay Ambulance Bill
- Fourth Circuit Clarifies Rights of Pretrial Detainees; $35,000 Settlement on Remand, by Christopher Zoukis
- Consensual Use of Another Prisoner’s Telephone PIN is Not Oregon ID Theft
- Seventh Circuit: Medical Deliberate Indifference Case Remanded, Loses at Trial, by Christopher Zoukis
- Dismissal of Personal Injury Claim for Damages from Malfunctioning Jail Gate Upheld
- Private Prison Firms Spend Billions of Taxpayer Dollars Acquiring Other Companies, by Christopher Zoukis
- Ohio Prisoners Build Computers from Spare Parts, Conceal them in Ceiling
- Illinois: Prison Guards Sued for Fatally Beating, Suffocating Prisoner, by Lonnie Burton
- Fourth Circuit Reverses Judgment in Favor of BOP in Deliberate Indifference Case, by Christopher Zoukis
- Tennessee Sheriff Pleads Guilty to Sexual Misconduct, Excessive Force Charges
- Alaska Prisoner Deaths Criticized in Report, Author Becomes New DOC Commissioner
- Report: “Culture of Racism,” Frequent Use of Force at Northern California Prison, by Lonnie Burton
- New York: Police Department Ordered to Produce Police Manual in Parolee Shooting Case, by Christopher Zoukis
- California Court Vacates Prison Infraction Charging Prisoner for Refusing Meals, by Lonnie Burton
- Disability Rights Group Slams Mental Health Program at New York State Prison, by Derek Gilna
- Nevada DOC Moves to End Discrimination against HIV-positive and Disabled Prisoners, by Matthew Clarke
- California Lifers with Possibility of Parole Entitled to SOL Tolling
- Policing for Profit: Law Enforcement Agencies Abuse Civil Asset Forfeiture, by Matthew Clarke
- South Carolina Appellate Court Upholds Prisoner’s Wage Suit, by Derek Gilna
- Widespread Abuses at Santa Clara County Jail; Three Guards Convicted of Murder, by Lonnie Burton
- Illinois Prisoner Fatally Shot after Standoff; Hostages File Lawsuit
- $6,500 Settlement after Ninth Circuit Reverses Summary Judgment in Retaliatory Ad-seg Case, by Lonnie Burton
- Incarceration Numbers Falling, Especially for Blacks, by Christopher Zoukis
- Ninth Circuit Reverses Revocation of Supervised Release Over Blog Post, by Christopher Zoukis
- Ninth Circuit: Warden Who Failed to Protect Female Prisoners from Sexual Assault Not Immune from Suit, by Christopher Zoukis
- Seventh Circuit Reverses Infraction for Failure to Allow Prisoner to Present Evidence, by Lonnie Burton
- California Appellate Court Reinstates Prisoner’s Mandamus Action Against CDCR, by Derek Gilna
- First Circuit Allows City to Include Prisoners in Census Counts, by Derek Gilna
- Eighth Circuit Rejects Qualified Immunity on Inadequate Nutrition Claim
- PLN Obtains $50,000 Settlement in Tennessee Jail Censorship Suit
- Texas Prisoner was Emaciated and Sick when Killed by Cellmate
- Supreme Court Lets Prosecutors Off the Hook for Withholding Evidence, by Derek Gilna
- Arkansas Prisoner’s Illegal Sentence Remanded Despite Filing Wrong Challenge
- Suicide at Texas Jail Results in Firings, Lawsuit, Investigation and Legislation, by Matthew Clarke
- Tenth Circuit Remands Two-year Sentence for Federal Probation Violation, by Christopher Zoukis
- Washington State Mental Health Agency Held in Contempt; $14 Million in Fines Levied, by Derek Gilna
- One of Tennessee’s Most Pristine Rivers Contaminated with Prison Sewage, by Panagioti Tsolkas
- Forced to Endure Extreme Heat, Prisoners are Casualties of Texas’ Climate Denial, Documents Show, by Candice Bernd
- Ohio Closes Prison Farms, Auctions Equipment, Plans to Sell Farmland, by Matthew Clarke
- From the Editor, by Paul Wright
- Breaking News: U.S. Attorney General Reinstates Federal Asset Forfeiture Sharing, with Conditions, by Derek Gilna
- News in Brief
More from Lonnie Burton:
- Ninth Circuit: Washington Civil Rights Suit Not Tolled by State Presentment Statute, Jan. 31, 2018
- California Agency Addresses In-person Visits at Jails after Governor Vetoes Bill, Jan. 8, 2018
- New York Times Reveals Racial Bias Rampant in Upstate New York Prisons, Jan. 8, 2018
- Report Slams Takeover of Washington DOC Food Services by Correctional Industries, Jan. 8, 2018
- Solitary to the Streets: Studies Find Such Releases Result in Higher Recidivism Rates, Violent Behavior, Jan. 8, 2018
- $4,000 for Injuries After Prison Staff Ignore Bottom Bunk Directive, Jan. 3, 2018
- $5,000 to Transgender Prisoner in Maryland Sexual Harassment Lawsuit, Jan. 3, 2018
- $4,000 Awarded to Subject of Esquire Article, Jan. 3, 2018
- $5.75 Million Payout in Death of Rikers' Prisoner Denied Medical, Jan. 3, 2018
- South Carolina S.C. Refuses to Order Defendant Maimed from Jail to Psych Hospital, Jan. 3, 2018
More from these topics:
- Washington Appellate Court: “Some Evidence” Standard for Prison Discipline “Is Not Illusory”, Dec. 15, 2024. Evidentiary Ruling (Disciplinary Hearings), Evidence, Best Evidence Rule.
- 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.
- Nevada Court Rules Prison Officials Withheld Evidence from Prisoner, Aug. 1, 2020. Evidence, Mail, Methamphetamine, Disciplinary Proceedings.
- Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence, April 12, 2019. Evidence, Search warrants.
- Contraband Found in Prisoner’s Rectum Supports Conviction, Nov. 6, 2018. Evidentiary Ruling (Disciplinary Hearings), Evidence, Strip Searches, Body Cavity Searches.
- Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile, June 17, 2018. Evidence, DNA Testing/Samples.
- Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness, March 16, 2018. Evidence, Criminal Procedure.
- CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case, Feb. 16, 2018. Evidence, Searches, Criminal Procedure.
- DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions, Feb. 16, 2018. Evidence, Criminal Procedure.
- Texas State Jail Guard Indicted for Leaking Video of Tear Gassing, Jan. 31, 2018. Evidence, Pepper Spray/Tear Gas.

