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Article • May 15, 2007
AEDPA Time Limit Runs from Date of Hearing, Tolled During Exhaustion by The petitioner lost good time in a disciplinary proceeding and sought habeas relief. The one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) began to run on the date of the disciplinary …
Article • May 15, 2007
Ex Post Facto Parole Claim Can Be Brought Under § 1983 by The plaintiff challenged the retroactive application of new parole eligibility regulations under the Ex Post Facto Clause. That claim is not barred by Heck and Balisok since a challenge to eligibility rules does not "necessarily imply" the invalidity …
§ 1983 Seeking Post Trial DNA Evidence Not Heck Barred by The Ninth Circuit joined the Eleventh circuit in holding that a § 1983 action seeking post-conviction access to DNA evidence is not barred by Heck v. Humphrey, 512 US 477 (1994). In 1994, William Osborne was convicted of kidnapping …
Informant Statement Enough for Disciplinary Conviction by The plaintiff lost 13 days' good time in a disciplinary hearing. The identity of a confidential informant and the specifics of the informant's statement need not have been disclosed. Non-disclosure is acceptable when there is a valid reason for keeping the information confidential …
Confidential Informants Require Credibility Finding by The court of appeals for the Seventh circuit affirmed in part, reversed in part, a district court order denying prisoner's counsel access to a confidential informant's under seal. A federal prisoner was found guilty in a prison disciplinary hearing of stabbing another prisoner at …
Disciplinary Hearings Require Disclosure of Evidence by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois state prisoner's lawsuit, for failure to state claim, when prison officials did not disclose an exculpatory report at a disciplinary or state the evidence relied …
Right to Impartial Disciplinary Hearing Officers by A federal district court in Nevada held that prisoners have a well established right to impartial disciplinary hearing officers. Biased or partial hearing officers for disciplinary and administrative segregation hearings violate due process. The defendants were not entitled to qualified immunity because this …
Retaliation for Cooperating with State IG Illegal by The court of appeals for the Second circuit held that a district court erred when it dismissed a New York prisoner's retaliation lawsuit. Plaintiff claimed that prison officials retaliated against him by filing false disciplinary charges after he cooperated with the state …
Informant Statements Require Reliability Finding in Record by The court of appeals for the Seventh circuit affirmed a district court ruling in favor of Wisconsin prison officials over the use of confidential informants. A Wisconsin prisoner filed suit under 42 U.S.C. § 1983 challenging the use of statements by a …
BOP Prisoners Have Liberty Interest in Good Time by BOP Prisoners have Liberty Interest in Good Time The court of appeals for the Ninth circuit held that federal prisoners have a due process liberty interest in receiving good time credits and not being subjected to disciplinary segregation without due process …
PI Granted to Allow Visits by PI Granted to Allow visits A federal district court entered a Preliminary Injunction (PI) for a Missouri prisoner and his wife to suspend a disciplinary hearing sanction and keep the prisoner's wife on his visiting list where the guard who reported the underlying infraction …
MI Disciplinary Hearing Officers Entitled to Judicial Immunity by The court of appeals for the Sixth circuit held that Michigan Department of Corrections hearing officers were entitled to judicial immunity from suits for damages because they were attorneys and professional hearing officers similar to administrative law judges. Note that the …
Punishment for Legal Activities States Claim by The court of appeals for the Second circuit held that a district court erred when it dismissed, for failing to state a claim, a New York prisoner's lawsuit that prison officials refused him access to a typewriter and law library, confiscated his law …
Disciplinary Hearing Officer Cannot Be Related to Infracting Guard by Disciplinary Hearing Officer Cannot be Related to Infracting Guard A federal district court in Pennsylvania granted summary judgment to a Pennsylvania state prisoner holding that a prison disciplinary hearing officer cannot be the father of the guard who wrote the …
Prevailing Party in Disciplinary Suit Awarded Fees by Prevailing Party In Disciplinary Suit Awarded Fees The court of appeals for the First Circuit upheld an award of $37,123.85 in attorney fees to a Massachusetts state prisoner who was awarded $1 in nominal damages at trial for due process violations at …
Drug Infraction Not Moot Upon Release by The court of appeals for the Ninth Circuit held that a federal prisoner's habeas challenge to a prison disciplinary hearing sanction was not mooted by the prisoner's unconditional release from prison. Barry Robbins was infracted for drug use at the BOP camp in …
Article • May 15, 2007
Impartial Hearing Officer Required in Disciplinary Hearing by The court of appeals for the Eighth circuit reversed a district court's sua sponte dismissal of a Nebraska prisoners § 1983 suit against a prison disciplinary hearing officer who refused to recuse himself from a hearing because plaintiff was suing the hearing …
Right to Interpreter and Witnesses at NY Disciplinary Hearings by A New York state appeals court held that prisoners in that state have a right to accurate translations of disciplinary proceedings and the right to call witnesses at those hearings. Paul Santana, a non English speaking Hispanic prisoner was infracted …
Chain of Custody Defect Doesn't Void Drug Test by The court of appeals for the Seventh circuit held that an Indiana state prisoner's due process rights were not violated when prison officials failed to maintain an adequate chain of custody for his urine sample that later tested positive for marijuana. …
Change in Infraction Level Requires Due Process in Wisconsin by A Wisconsin federal district court held that Wisconsin administrative code § HHS 303.68(4) creates a liberty interest which requires the security director to consider the regulation's criteria and make a statement of the criteria applicable to upgrade a prisoner's misconduct …
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