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New York Prisoners Have Right to Staff Assistance and Witness Testimony by The court of appeals for the Second Circuit held that New York state prisoners have a right under the Due Process Clause to have disciplinary hearing officers provide staff assistance and to obtain requested documentary evidence and witness …
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 …
Article • February 15, 1999 • from PLN February, 1999
Scott Superceded by In the October, 1998, issue of PLN we reported Scott v. Albury, 138 F.3d 474 (2nd Cir. 1998). The case involves an analysis of the process due in prison disciplinary hearings where only a punishment of disciplinary segregation is imposed. That ruling was superseded by a new …
No Liberty Interest in Ohio Visiting Rules by Afederal district court in Ohio held that Ohio state visiting rules do not create a liberty interest in visitation. Melissa Blair is a former Ohio prison guard married to Ohio prisoner Lemont Blair. The Blairs' visiting privileges were suspended after prison officials …
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, …
Liberty Interest Created By Fine by A federal district court in Nevada held that a Nevada prisoner had no liberty interest in remaining free of one year of disciplinary segregation. The court also ruled that the prisoner had a property interest in money taken from his account for restitution and …
Segregation Requires Less Due Process by The court of appeals for the Seventh circuit held that prisoners facing only the prospect of disciplinary segregation are entitled to less due process than when the sanction imposed involves the loss of good time credits. The court also questioned, but did not decide, …
Washington Good Time Loss Implicates Due Process by AWashington state appeals court held that prisoners have a due process right to challenge the validity of prior minor infractions at disciplinary hearings that involve the loss of good time for allegedly incurring more than four minor infractions in a six month …
Sandin Analysis Hinges on Punishment Actually Imposed by The court of appeals for the Second circuit held that an analysis of whether due process is required for disciplinary hearings where segregation was imposed as punishment will turn on the punishment actually imposed, not the potential penalty. The court also held …
Article • September 15, 1998 • from PLN September, 1998
Kansas Prisoners Entitled to Notice of Prison Rules by The Kansas state court of appeals held that Kansas prisoners have a due process liberty interest in their good time credits and are entitled to notice of prison rules before they can be punished for violating them. Xuan Hiep Le is …
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 …
Segregation Conditions Defined for Sandin Purposes by The court of appeals for the seventh circuit held that district courts evaluating the impairment of a liberty interest in prison disciplinary hearings should compare segregation conditions of confinement throughout the entire state prison system. The court expressed doubt that prisoners would ever …
No Federal Remedy for False Disciplinary Charges by The court of appeals for the seventh circuit held that a prisoner who is falsely accused of misconduct and punished for no apparent reason has no legal recourse in federal court if the only punishment imposed involves 15 days of segregation. In …
Fact Finding Required in Disciplinary Suits by In two separate rulings federal district courts in New York held that prisoners litigating disciplinary due process cases must be given an opportunity to develop a factual record to support their claims before the court rules on a motion to dismiss or for …
Heck Applied to Segregation Claims by The court of appeals for the seventh circuit held that a prisoner's claim that his due process rights were violated at a prison disciplinary hearing was not cognizable under 42 U.S.C. § 1983 and had to be brought as a habeas corpus challenge, even …
BOP Exceeds Statutory Authority in Denying Sentence Reduction by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
Evidence Must Support Disciplinary Ruling by Afederal district court in Indiana granted an Indiana state prisoner's petition for habeas corpus, finding that no evidence supported a disciplinary committee's "guilty" finding of possessing intoxicants. Timothy Hayes was infracted for possessing intoxicants after a guard found a bottle of an "orange substance" …
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 • January 15, 1998 • from PLN January, 1998
New York Work Release Creates Liberty Interest by Afederal district court in New York held that prisoners have a liberty interest in that state's Temporary Release Program (TRP) which requires due process before they can be removed from it. Franklin Greaves was a TRP participant, as such he lived and …
AEDPA Applies to Prison Disciplinary Hearings by The court of appeals for the seventh circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA), Public Law No. 104-132, which amended the federal habeas corpus statutes, applies to habeas petitions challenging prison disciplinary hearings. The court also held Indiana prisoners …
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