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Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Article • May 15, 2007
No Opportunity to Earn Good Time Claim Dismissed by The plaintiff challenged a disciplinary proceeding. The sanctions of six weeks' loss of visiting, transfer to a higher security prison, and loss of his position as Minority Camp Co-Chairman with its accompanying opportunity to earn good time, did not amount to …
BOP Substance Abuse/Early Release Regulation Violates APA by The Ninth Circuit Court of Appeals held that a 1997 Bureau of Prisons (BOP) regulation precluding substance abuse treatment and early release to prisoners convicted of firearm offenses violated the notice and comment provisions of the Administrative Procedures Act (APA). In 1990, …
Article • May 15, 2007
California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was St by John Dannenberg California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was Stayed by John E. Dannenberg The California Court of Appeal held that when a prisoner is convicted of …
Article • May 15, 2007
California Religious Grooming, Muslim Sabbath Rule Enjoined, Good Time Restored by Plaintiff Muslim prisoners sought injunctive relief against restrictions on their religious practice; their claims, initially brought under the First Amendment, are now governed by RLUIPA. The court previously granted preliminary injunctive relief (renewed repeatedly because of the PLRA's 90-day …
Circumstantial Evidence Supports Disciplinary Drug Conviction by The plaintiff was convicted of a disciplinary drug offense based on circumstantial evidence related to the finding of drugs in a trash can in the visiting area. He lost good time, so his claim is cognizable under Sandin, and he proceeded via writ …
Article • May 15, 2007
Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge by Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge Florida's First District Court of Appeals has held that a Florida law does not allow an indigent prisoner to be assessed a lien on his …
Article • May 15, 2007 • from PLN May, 2007
Filed under: Sentencing, Good Time
WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion by Division 1 of the Washington Court of Appeals has ruled that the State Department of Corrections (DOC) must afford minimal due process to prisoners whose risk assessment levels it intends to demote. In 2000, Dion Xavier Adams, a …
Article • May 15, 2007
Blood for Good Time Creates Liberty Interest by A federal district court in Rhode Island held that a Rhode Island statute giving prisoners time off their sentences in exchange for blood donations by prisoners created a liberty interest. Prisoner plaintiff was transferred out of state where he could not reduce …
BOP Good Time Credit Pro-Rated for Disciplinary Loss by The court of appeals for the Seventh circuit affirmed a district court ruling the federal prison officials in Illinois must properly compute the good time earned by federal prisoners when that good time is forfeited as a result of prison disciplinary …
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 …
Article • May 15, 2007
WA Prisoners Have Liberty Interest in Release by The court of appeals for the Ninth circuit held that a Washington state prisoner had a due process liberty interest in being released from prison on his good time release date. The plaintiff in this section 1983 case was held 20 days …
Article • May 15, 2007
Change in FL Good Time System violates Ex Post Facto by The court of appeals for the Eleventh circuit affirmed a district court ruling that granted habeas relief to a Florida prisoner who claimed a change in the state's method of calculating and awarding good time credits violated the ex …
Transferred Prisoners Entitled to Sending States Good Time Credits and Benefits by The court of appeals for the Eighth circuit held that an Arkansas prisoner transferred to Florida under the Interstate Corrections Compact was entitled to all good time credits and other benefits he would have received had he remained …
Article • May 15, 2007
Filed under: Sentencing, Good Time
New York Jail Good Time Statute Held Constitutional by The U.S. Supreme Court held a New York good-time statute to be constitutional. New York prisoners brought action against state prison officials alleging violation of the Equal Protection Clause. Under § 230(3) of the New York Correction Law, prisoners were not …
Article • May 15, 2007
Seventh Circuit Reverses Habeas Corpus Filed on Habitual Rules Violation by The U.S. Seventh Circuit Court of Appeals has vacated and remanded the dismissal of a prisoner's habeas corpus petition, 28 U.S.C. § 2254, demanding relief from the judgment of the Indiana Department of Corrections (DOC) decision that Montgomery was …
Article • May 15, 2007
WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences by WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences The Washington Court of Appeals for Division 3 (Div. 3) has ruled that the state Department of Corrections (WDOC) must award …
Article • May 15, 2007
Denial of Good Conduct Credit Ex Post Facto by Massachusetts state prisoner Ronald Greenfield was sentenced to 5-7 years incarceration in 1962. In 1965, the law concerning the awarding of credits for good conduct was amended to prohibit such credits for persons who violate parole and are re-incarcerated. Greenfield violated …
Article • May 15, 2007
Florida Good Time Law Applied by Florida's First District Court of Appeals held that the Correctional Reform Act of 1983 (The Act) does not allow the Florida Department of Corrections (FDOC) to grant additional days of gain-time as a matter of grace of forfeit the right to gain-time earned prior …
Article • May 15, 2007
§ 1983 Suit Improper Remedy for Good Time Loss by The court of appeals for the Fifth Circuit held that it was improper for a prisoner to file a 42 U.S.C. § 1983 action seeking monetary damages, declaratory and injunctive relief that prohibited prison officials from removing, rescinding or suspending …
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