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Articles by Jon Michael Withrow

Prison Disciplinary Issues Must Be Raised in Administrative Appeal

The Seventh Circuit Court of Appeals upheld a decision in a prison disciplinary proceeding, finding "some evidence" to support the disciplinary board's decision of guilty and that prisoner's due process claim on the board's boilerplate reason for it's decision was procedurally defaulted and barred from consideration.

Shelby Moffat, an Indiana ...

Prison Mailbox Rule Applies to Civil Rights Complaint

Prison Mailbox Rule Applies To Civil Rights Complaint

by Jon Michael Withrow

The U.S. Court of Appeals for the 8th circuit reversed and remanded a district court's dismissal of a prisoner's § 1983 complaint as untimely filed, holding that the prison mailbox rule applied to a prisoner's civil rights complaint. ...

Texas Prison Dentist Settles Dentures Suit for $3,150

In April, 2003, a state prison dentist settled for $3,150 a 42 U.S.C. § 1983 suit brought by a prisoner in the federal district court for the Eastern District of Texas, alleging that the dentist refused to provide dentures.

Charles Jackson, a prisoner at the Texas DCJ's Coffield Unit, began ...