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Article • March 15, 2001 • from PLN March, 2001
Ad Seg States Claim, But Loses on Merits by The court of appeals for the Second circuit held that a district court did not err in vacating a jury's finding that a New York prisoner's 101-day placement in segregation violated due process. In doing so, the court held that New …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
Iowa Segregation Suit Settled by James Quigley A federal district court in Iowa held that after nearly a decade of unconstitutional conditions, state prison officials have finally submitted an acceptable plan to remedy substantive due process violations relating to extraordinarily longterm lockup, and various Eighth Amendment violations in a segregation …
IFP Litigant Entitled to Amend Complaint by The court of appeals for the Second circuit held that a district court erred when it dismissed an indigent pro se prisoner's complaint without affording him an opportunity to amend the complaint and cure the defect. Benjamin Cruz, a Connecticut state prisoner, filed …
Article • December 15, 2000 • from PLN December, 2000
DC Circuit Revives Hewitt v. Helms by by Matthew T. Clarke D. C. Circuit court of appeals has held that, when determining whether a prisoner's segregation involves a liberty interest, the conditions of the prisoner's segregation should be compared with the conditions prison officials exercising their discretionary authority routinely impose …
Article • July 15, 2000 • from PLN July, 2000
Brown Ad-Seg Due Process Claim Remanded for Hearing by Ronald Young Brown Ad-Seg Due Process Claim Remanded For Hearing By Ronald Young The Court of Appeals for the District of Columbia circuit held that a prisoner who received ten months of administrative segregation during a housing reassignment hearing did not …
Good and Bad News in Haverty Aftermath: No Good Time for Ad-Seg Placement by Phillip Kassel Good and Bad News in Haverty Aftermath: No Good Time for Ad-Seg Placement by Phillip Kassel Last October, the Massachusetts Su-preme Judicial Court held that prisoners may not be maintained in harsh solitary confinement …
Article • May 15, 2000 • from PLN May, 2000
522 Days in BOP Ad Seg States Due Process Claim by A federal district court in New York denied prison officials' motion for summary judgment, holding that defendants failed to establish as a matter of law that 28 C.F.R § 541.22 - the Bureau of Prisons (BOP) administrative segregation (ad …
Brief • March 21, 2000
Almodovar v. Snyder, IL, Complaint, Ad Seg Hearings Gang Renunciation, 2000 IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT SANGAMON COUNTY, ILLINOIS JOHNNY ALMODOVAR, HERNANDEZ BAILEY-EL, PABLO BARRARA, ISIAH BELL, ARYULES BIVENS, NED BROOKS, CORNELIUS BURNS, ROOSEVELT BURRELL, GARY CLARK, SHAWN COATES, MAURICE COLEMAN, KENNARD COMBS, RICHARD FLOOD, LARRY …
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
Article • July 15, 1999 • from PLN July, 1999
$660,000 Awarded in Post-Sandin Segregation Suit by On February 26, 1999, a federal jury in Rochester, New York, awarded New York state prisoner David McClary $660,000 in damages after finding he was improperly held in administrative segregation for over four years. In the March, 1999, issue of PLN we reported …
Court Screening Applies to Paid Suits Too by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915A allows district courts to dismiss as frivolous even lawsuits where the filing fee has been prepaid in full. The court also held that challenges to conditions of confinement …
Article • May 15, 1999 • from PLN May, 1999
No Liberty Interest in Ohio Ad-Seg Rules by The court of appeals for the Sixth circuit held that Ohio prisoners have no state created liberty interest in remaining free of administrative segregation (ad-seg). Alvin Jones, an Ohio state prisoner, filed suit claiming that a 2k year placement in ad seg …
Article • March 15, 1999 • from PLN March, 1999
Lengthy Ad Seg Is Atypical and Significant Hardship by Lengthy Ad Seg is Atypical and Significant Hardship Afederal court in New York has held that uninterrupted confinement in administrative segregation (ad seg) for more than four years is an atypical and significant hardship, implying a liberty interest protected by the …
NY Seg Case Dismissed on Remand by In the March, 1998, issue of PLN we reported Sealey v. Giltner , 116 F.3d 47 (2nd Cir. 1997) in which the second circuit reversed and remanded Sealey v. Coughlin , 857 F. Supp. 214 (ND NY 1994). The case involves Emmeth Sealey, …
Article • November 15, 1998 • from PLN November, 1998
DC Circuit Resurrects Hewitt v. Helms by The court of appeals for the DC Circuit held that prisoners challenging placement in administrative segregation (ad seg) are not required to petition for habeas corpus relief. The case was remanded for further record development regarding what occurred at the prisoner's ad seg …
Seg Conditions Analyzed for Sandin Purposes by Building on prior recent decisions, the court of appeals for the second circuit held that district courts must analyze segregation conditions when determining whether prisoner plaintiffs have a federal due process liberty interest in remaining free from such confinement. Thomas Wright, a New …
Ad Seg May Require Due Process by The court of appeals for the second circuit held that a district court wrongly concluded that administrative segregation (ad seg), in and of itself, does not violate due process. The court held prisoner plaintiffs must be given an opportunity to develop a factual …
Article • December 15, 1997 • from PLN December, 1997
Montana Prisoners Have Liberty Interest in Classification Hearings by Danny Arledge By Danny Arledge The Montana state supreme court held that state law creates a liberty interest for prisoners accused of misconduct in prison classification hearings. Daniel Orozco, a prisoner at the Montana State Prison, was accused of conspiring to …
Article • August 15, 1997 • from PLN August, 1997
Kansas Ad Seg Hearing Required by The supreme court of Kansas held that a prisoner was entitled to a hearing to determine if three years in administrative segregation (ad seg) has become a prohibited punishment. Rodney Murphy, a Kansas state prisoner, was placed in ad seg in 1993 for investigation …
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