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Violation of New York Disciplinary Witness Regulation Merits Rehearing by On October 27, 2015, the New York Court of Appeals held a prisoner’s challenge to a disciplinary hearing determination required remand for determination of whether the facts warranted a rehearing or expungement. While at Attica Correctional Facility, prisoner George Texeira …
$2,225 Awarded for 3 Months Wrongful Segregation by $2,225 Awarded for 3 Months Wrongful Segregation A New York state prisoner who claimed he was wrongfully kept in segregation for 89 days was awarded $2,225 by a New York Court of Claims judge in May 2012. The amount represented $25.00 for …
Second Circuit: Videoconference at Resentencing Violates Right to be Present by The Second Circuit Court of Appeals has held that resentencing a defendant by videoconference violated his right to be present in court, and the government failed to satisfy its burden of establishing that the defendant knowingly and voluntarily waived …
Article • July 15, 2012
Oregon Court Reverses Civil Commitment without Prehearing Notice by The Oregon Court of Appeals, sitting En Banc, reversed an involuntary civil commitment order, finding that the trial court violated Oregon law by failing to provide prehearing notice. An Oregon woman, identified only by her initials, SJF, was involuntarily hospitalized on …
Article • May 15, 2012
Maine: Final Order of Protection Vacated where Prisoner Not Afforded Opportunity to be Heard by In December 2011, the Maine Supreme Judicial Court vacated a district court judgment granting an order of protection from abuse where the alleged abuser had advised the court that, because he was incarcerated, he would …
Tennessee CCA Warden Denied Summary Judgment for Excessive Force by A Tennessee federal court denied a private prison warden summary judgment on an excessive force claim for assaulting a handcuffed prisoner. James Ingram was a prisoner at the Hardeman County Correctional Facility (HCCF) in Tennessee, which is operated by Corrections …
Article • February 15, 2012
New York Prison Disciplinary Procedures Violate Due Process, But That’s OK by The U.S. Southern District of New York determined that prisoners’ due process rights were violated, but found in favor of defendants. Abdel-Jabbor Malik, a New York state prisoner, was served with an “Inmate Misbehavior Report” for violating prison …
Texas Court of Criminal Appeals Rules Against Parole Board on Imposition of Sex Offender Restrictions on Non-Sex Offenders by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals held that the Texas Board of Pardons and Paroles was required to provide due process in the form of a …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference by Matthew Clarke by Matt Clarke On March 19, 2010, the Seventh Circuit Court of Appeals held that a federal district court violated Rule 32.l(b)(2) of the Federal Rules of Criminal Procedure when the judge used videoconferencing technology to appear …
Fifth Circuit Reverses Pre-Filing Injunction; No Notice or Hearing Given by The U.S. Circuit Court of Appeals for the Fifth Circuit has reversed a district court’s injunction prohibiting a prisoner from filing suit without first obtaining court permission. Nasir Qureshi was enjoined by U.S. District Judge Lynn Hughes from filing …
Arkansas Prisoner Awarded $1 a Day Plus Costs for Unconstitutional Lockdown by On June 19, 2006, the U.S. District Court for the Western District of Arkansas awarded $182 to a Benton County prisoner who spent 6 months in disciplinary segregation without a hearing or periodic reviews. Plaintiff Phetpinthong Senesackda claimed …
Prisoner Presence at Disciplinary Hearing During Favorable Testimony Constitutionally Required by Prisoner Presence at Disciplinary Hearing During Favorable Testimony Constitutionally Required A New York federal district court held a prisoner is entitled to be present during the introduction of favorable testimony at a disciplinary hearing. This 42 U.S.C. § 1983 …
Article • May 15, 2007
New Mexico: No Due Process Violation in Hearing by Phone by The Court of Appeals of New Mexico held that due process obligations in a parental rights termination hearing were met by allowing the child's father to participate by telephone; that the trial court was not obligated to make further …
NY Prisoner Entitled to Hearing Before Temporary Release Committee by The Supreme Court, New York County, held that the removal of a prisoner from a work release program without a hearing deprived him of a protected liberty interest. Simon Anderson was participating in the Lincoln Correctional Facility Work Release Program …
Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process by Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process A Federal District Court in Illinois has found a pretrial detainee's rights were violated when he was placed in segregation for nearly three years without a hearing …
Drug Program Removal Requires Due Process by The Eastern District Court of New York held that prisoners in New York States High Impact Incarceration Program had a state created liberty interest in remaining in the program. Removal from the program required due process. Michael Galloway was a state parole violator …
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified …
No Immunity In Denial Of Presence During Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the US District Court did not properly address the qualified immunity defense of Department Of Corrections (DOC) officials. A prisoner at the Green Haven Correctional Facility in New York …
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