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Article • October 14, 2019
Illinois Supreme Court: Prisoner’s Rights to Due Process Not Violated by Aaron P. Fillmore, as a prisoner at the Lawrence Correctional Center in Illinois, was cited for violating rules related to being involved in a “Security Threat Group or Unauthorized Organizational Activity." Guards contended that Fillmore assumed an active leadership …
Article • November 6, 2018 • from PLN November, 2018
Alaska Supreme Court Reverses Disciplinary Case Where Prisoner Not Allowed to Call Witnesses by Matthew Clarke, David Reutter by Matt Clarke and David Reutter On April 27, 2018, the Supreme Court of Alaska held that a prisoner had been improperly denied his right to call witnesses at a prison disciplinary …
Alaska high court: Verbatim record may satisfy written record requirements in disciplinary decisions by R. Bailey by R. Bailey The Alaska Supreme Court held that a prisoner’s federal due process right to receipt of a written statement explaining what evidence and reasoning were relied on in imposing disciplinary action may …
Article • January 31, 2018 • from PLN February, 2018
New York: Prison Disciplinary Witness Request Improperly Denied by The New York Supreme Court’s Appellate Division has held that a prison disciplinary hearing officer improperly denied a prisoner’s request to call witnesses. As such, the court remanded the case for a new disciplinary hearing. Based upon confidential information, New York …
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 …
Guards Liable in Maryland Prisoner’s Murder on Transport Bus by The Maryland Court of Appeals held a trial court erred in striking a jury’s finding that a guard was liable for gross negligence in the murder of a prisoner on a transport.  The court further held gross negligence disentitles a …
Article • November 14, 2016
New York Prisoner's Disciplinary Guilty Verdict Upheld by Christopher Zoukis On Sept. 22, 2016 the Appellate Division of the Supreme Court of New York upheld the conviction of state prisoner Jason Gano for violating prison rules. Gano allegedly set off a metal detector in the prison, prompting a pat-down search …
New York Prisoner's Misbehavior Conviction Upheld by Christopher Zoukis On Sept. 20, 2016 the Appellate Division of the Supreme Court of New York upheld the conviction of state prisoner Aaron Isaiah Young for violating prison rules. Young allegedly refused prison guard orders, and assaulted staff. During the altercation, multiple guards …
Wisconsin Jail Policies Unconstitutional But Not Enjoined by Mark Wilson A Wisconsin federal court held that a jail's disciplinary, mail, and publication rules were unconstitutional. The court declined to enjoin those practices, however, essentially rendering its holding a mere advisory opinion. On September 29, 1970 pretrial detainees of the Milwaukee …
Article • August 23, 2016
New York Federal Court Holds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case by Matthew Clarke On April 13, 2012, a New York federal court held that prison officials were liable for convicting a prisoner in a disciplinary action based solely on a victim's hearsay statement and upholding that disciplinary …
Article • November 18, 2015
Nebraska: Evidence and Due Process Sufficient to Find Prisoner Guilty of Prison Rule Infraction by Nebraska: Evidence and Due Process Sufficient to Find Prisoner Guilty of Prison Rule Infraction The Nebraska Court of Appeals has affirmed a lower court’s holding that prisoner James Saylor received due process and was found …
$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 …
Article • January 12, 2015
New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation by New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation A New York Court of Claims awarded $1,170 to a prisoner for 39 days of excessive, unprivileged confinement in a Special Housing Unit (SHU) at …
Third Circuit: Prison Disciplinary Hearing Officer Must Examine Potentially Exculpatory Evidence by The Third Circuit held, twice in the same case, that it is a due process violation for a prison hearing officer not to examine documentary evidence that a prisoner charged with a disciplinary infraction believes will exonerate him, …
Wisconsin Supreme Court Upholds Disciplinary Result by David Reutter By: David M. Reutter The Supreme Court of Wisconsin held, on December 14, 2010 that a prison guard’s involvement in the investigation in an incident is not “substantial involvement” that violates the due process right to an impartial decision maker in …
Failure to Record Disciplinary Hearing, Allow Adverse Witnesses in Alaskan Prison Disciplinary Hearing Violates Due Process by Matthew Clarke by Matt Clarke On September 2, 2011, the Supreme Court of Alaska held that due process was violated when prison officials failed to record a prisoner's disciplinary hearing or allow him …
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 …
Colorado Prison Murder Prosecutions Include Coerced Witnesses, Withholding of Evidence by In January 2011, a Powers County, Colorado jury acquitted a prisoner who was charged in the stabbing death of another prisoner. Prior to trial, prison officials were accused of using coercion to persuade prisoners to testify for the prosecution, …
Article • February 15, 2012
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal …
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