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Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time by Douglas Ankney by Douglas Ankney When Indiana state prisoner Tony Love participated in a brawl, he was apparently unaware of the severity of the consequences he faced. But the U.S. Court of Appeals for the …
Hundreds of South Carolina Prisoners Sent to Solitary Confinement Over Facebook by Dave Maass Hundreds of South Carolina Prisoners Sent to Solitary Confinement Over Facebook by Dave Maass In the South Carolina prison system, accessing Facebook is an offense on par with murder, rape, rioting, escape and hostage-taking. Back in …
Article • September 22, 2015
Facebook Overhauls Its Inmate Account Takedown Process by Dave Maass Facebook Overhauls Its Inmate Account Takedown Process By Dave Maass Since at least 2011, U.S. prisons have had a special arrangement with Facebook. Prison officials would send links to profiles belonging to inmates that they wanted Facebook to take down. …
Automatic Placement of Death Row Prisoner in Segregation Does Not Violate Due Process by David Reutter Automatic Placement of Death Row Prisoner in Segregation Does Not Violate Due Process by David M. Reutter A Virginia federal district court held in November 2013 that automatic and indefinite placement of a death-sentenced …
Article • March 5, 2015 • from PLN March, 2015
Ninth Circuit: 27-Month Segregation Implicates Due Process Liberty Interest by Mark Wilson Ninth Circuit: 27-Month Segregation Implicates Due Process Liberty Interest by Mark Wilson On May 4, 2014, in a corrected decision, the Ninth Circuit Court of Appeals held that lengthy segregation without periodic, meaningful reviews may give rise to …
Article • May 20, 2014 • from PLN May, 2014
Liberty Interest Necessary to Trigger Arkansas Judicial Review by Mark Wilson Liberty Interest Necessary to Trigger Arkansas Judicial Review   by Mark Wilson   The Arkansas Supreme Court has upheld the dismissal of a prisoner’s state judicial review action because he failed to assert a constitutional violation. Arkansas Department of …
Massachusetts Supreme Court: 90 Days in Segregation on Awaiting Action Status without Hearing Violates Due Process by The Supreme Judicial Court of Massachusetts has ruled that prisoners held in segregated confinement on “awaiting action” status are entitled to due process protections, and such prisoners may not be kept in segregation …
SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits by The South Carolina Supreme Court held in late 2012 that the Administrative Law Court (ALC) may not summarily dismiss a prisoner’s appeal of a disciplinary conviction “solely on the basis that it involves the loss …
Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX by Derek Gilna Omar Rezaq, Mohammed Saleh, El-Sayyid Nosair and Ibrahim Elgabrowny, convicted of terrorism-related offenses and confined at the federal supermax ADX facility in Florence, Colorado, filed suit contending they had a liberty interest in “avoiding transfer without …
Article • September 15, 2012 • from PLN September, 2012
Tenth Circuit Holds Due Process Requires Meaningful Segregation Reviews by Brandon Sample 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 …
Article • August 15, 2012 • from PLN August, 2012
Termination from Drug Treatment Program Fails to State Liberty Interest Claim by The Eighth Circuit Court of Appeals has held that the decision of prison officials to remove a prisoner from a drug treatment program, which made him ineligible for a probated sentence, was insufficient to confer a liberty interest …
Second Circuit Rules No Property Interest in Prison Industries Job, Joining Third, Fifth and Seventh Circuits by In an unpublished opinion, the Second Circuit Court of Appeals held that federal prisoners do not have a protected property interest in a UNICOR job assignment. The court also affirmed the dismissal for …
Article • February 15, 2012
Sixth Circuit: “Security Threat Group” Designation Does Not Warrant Due Process Protections by In 2005, the Sixth Circuit Court of Appeals affirmed a district court's rulings against Michigan prisoner Keith Harbin-Bey, who in 2003 had filed a pro se civil rights lawsuit pursuant to 42 U.S.C. § 1983 alleging that, …
Article • November 15, 2011 • from PLN November, 2011
Iowa Supreme Court Rules That Sex Offender Treatment Program Requires Due Process Protections by The Iowa Supreme Court held in two companion cases that the Iowa Department of Corrections’ (IDOC) Sex Offender Treatment Program (SOTP) deprived prisoners of due process of law. Before 2001, Iowa prisoners “were eligible for a …
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
Article • October 15, 2011 • from PLN October, 2011
Oregon Aggravated Murder Statute Creates Liberty Interest by Mark Wilson The Ninth Circuit Court of Appeals has held that Oregon’s aggravated murder statute creates a protected liberty interest in parole eligibility. In 1982, Oregon state prisoner Douglas Miller was convicted of aggravated murder and sentenced to life imprisonment with a …
Article • September 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by By Brandon Sample Persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor, U.S. District Judge Joan B. Gottschal so held March 11, 2008. Stephanie Bowens and …
Article • August 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by Brandon Sample By Brandon Sample Persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor, U.S. District Judge Joan B. Gottschal so held March 11, 2008. Stephanie …
Article • July 15, 2011
Fifth Circuit: No Liberty Interest in Discretionary BOP Sentence Reduction by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals upheld the denial of sentence reduction to a federal prisoner who had completed the Residential Drug Abuse treatment Program (RDATP). Michael Richardson, a federal prisoner incarcerated at the …
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