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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 …
Article • December 15, 2012 • from PLN December, 2012
Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …
California U.S. District Court Holds that Prop. 9 Does Not Supersede Previously-Issued Injunction Regarding Parole Revocation Procedures by John Dannenberg by John E. Dannenberg Senior U.S. District Court Judge Lawrence K. Karlton has upheld a 2004 injunction that conflicts with the parole revocation provisions of California’s so-called Victims’ Bill of …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Article • September 15, 2011
Texas Parolee Has Right to Preliminary Revocation Hearing Despite New Charges by On October 3, 2007, the Texas Court of Criminal Appeals held that a Texas parolee has a right to a preliminary parole revocation hearing even if the parolee is imprisoned awaiting trial on a new charge. Jesse Richard …
Article • September 15, 2011 • from PLN September, 2011
Florida Courts Criticize Indefinite Detention While Awaiting Civil Commitment Trials by Florida sex offenders who have completed their prison sentences may face a legal morass that leaves them stuck in indefinite detention while awaiting trial on whether they should be civilly committed. During such pre-trial detention they receive little to …
Article • July 15, 2011
California: Prisoner Entitled To Presentence Custody Credit for Time in Prison Past Parole Date Due Solely to Pending Charges by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that a prisoner, detained in prison solely because new charges (arising from in-prison misconduct) were brought against him, …
Article • July 15, 2011
California: Prisoner’s Parole May Not Be Revoked if Board Fails to Act During 30-Day Discharge Review Period by Michael Brodheim By Mike Brodheim The California Court of Appeal has held that, by failing to act during the 30-day discharge review period provided by statute, the Board of Parole Hearings (Board) …
Article • May 15, 2011
Massachusetts Supreme Judicial Court Discharges Man after 16-Year Sentence Execution Delay by On November 6, 2007, the Supreme Judicial Court of Massachusetts held that a 16-year delay in the execution of sentences for multiple violent and sex offenses precluded execution of the sentences. Vith Ly, an immigrant from Cambodia living …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Article • May 15, 2007
Federal Parolee Not Entitled To Immediate Revocation Hearing by The U.S. Supreme Court held that a federal parolee imprisoned for federal crimes that he committed while on parole had no constitutional right to an immediate parole revocation hearing. Petitioner originally received a 10-year sentence for a rape committed on an …
Article • May 15, 2007
No Right To Notification Within 30 Days Of Disciplinary Appeal by Michael Loveland, a prisoner at the Newport Correctional Facility (NCF), appealed a disciplinary decision to the Orleans Superior Court after the superintendent, Kathleen Lanman, failed to respond to his disciplinary appeal within 30 days of the date the appeal …
Federal Court Clarifies Texas Prisoners' Disciplinary Appeal Rights by by Matthew T. Clarke A federal district court in Austin, Texas, held that: (1) pending administrative remedies toll the 28 U.S.C. §2254(d)(2) one-year limitations period; (2) a prisoner's transfer to another prison is not a valid reason to deny him as …
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 …
Kansas SVP Verdict Dismissed for Untimely Trial by The Kansas Supreme Court held that failure to try a person alleged to be a sexually violent predator ("SVP") within the statutorily prescribed time period divests the trial court of jurisdiction over the SVP petition, requiring dismissal with prejudice. In April 2000, …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
NY Prisoner Awarded Damages in Disciplinary Hearing Suit by A federal district court in New York awarded $1,281 in damages to a New York state prisoner whose due process rights were violated at a disciplinary hearing. Defendants refused to investigate plaintiffs claim that marijuana found in his cell was not …
$450 Paid in NY Keeplock Case by $450 Paid in NY Keeplock Case. Ignacio Rosado, a prisoner at Sing Sing Correctional Facility, was placed in keeplock status, which is confinement to a cell 23 hours a day, for 7 days in October 1999. After a guard advised no misbehavior report …
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