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37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship by The Eighth Circuit Court of Appeals held that the deprivation of exercise, religious services and contact visits for 37 days is not a due process violation, nor is the failure to provide a hearing before placement in disciplinary …
$500 Paid in WA Racial Segregation Suit by Muhammad Shabazz Farrakhan and a group of black prisoners at the Washington State Penitentiary in Walla Walla, Washington filed a 42 U.S.C. § 1983 alleging racial discrimination in housing assignments. Farrakhan alleged prisoners were given race cards and each racial group, Whites, …
Article • May 15, 2007
No Brady Violation in Prison Disciplinary Hearing; Videotape Inconclusive by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Northern District of Indiana, denied habeas corpus relief to a state prisoner challenging a disciplinary hearing that revoked his good-time credits, where the prisoner alleged that prison officials …
US Supreme Court Holds Forced Drugging of Mentally Ill Prisoner Not Unconstitutional by The U.S. Supreme Court held that the forced medication of a mentally ill prisoner did not violate substantive due process, nor was the issue moot merely because the prisoner was not currently being forcibly medicated. A Washington …
Indiana Prisoner's CAB Conviction for Tobacco Trafficking Supported by Evidence by The U.S. Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana in denying habeas corpus relief to an Indiana prisoner convicted of tobacco trafficking in a prison disciplinary hearing. Tim Godby, an …
Tennessee: Punitive-Based Administrative Segregation States Claim by In this case involving the appeal of a disciplinary ruling, the Tennessee Court of Appeals held that because a prisoner's placement in administrative segregation appeared to be punitive, his petition for common law writ of certiorari stated a claim. Eric Woodruff, a prisoner …
Indiana Prisoner's Tobacco Trafficking Conviction Upheld; Habeas Corpus Denied by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, denied habeas corpus relief to an Indiana state prisoner convicted of trafficking in tobacco. James Hupson is a prisoner at the Miami …
Disciplinary Findings Do Not Preclude Subsequent Factual Litigation; QI Denied by A Federal District Court in Michigan has held that findings made in prisoner disciplinary hearings should not be given preclusive effect when litigating factual issues in § 1983 claims. Qualified immunity was denied as untimely. Arthur Johnson claimed James …
New Jersey DOC Must Clarify Disciplinary Hearing Record by The Supreme Court of New Jersey remanded a prison disciplinary proceeding to the state Department of Corrections for clarification of whether a prisoner was denied the opportunity to cross-examine and confront witnesses. Gallimore McDonald, a New Jersey state prisoner, was charged …
Discipline for Content of Outgoing Mail Reversed by The United States District Court for the Southern district of New York held that prison officials violated a New York prisoner's First Amendment rights of expression by censoring his outgoing mail and disciplining him for complaints about prison conditions and officials in …
Article • May 15, 2007
Iowa: Due Process Not Violated In Disciplinary Proceedings by The Supreme Court of Iowa held that an Iowa state prisoner's due process rights were not violated by a prison disciplinary committee. After being charged with violating prison rules associated with the smuggling and dispensing of alcohol within the prison, Michael …
Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional by Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional The Court of Appeals of the State of Washington, Division I, held that sanctions resulting from a prisoner's use of insolent and threatening language on an administrative grievance did not violate the First …
Indiana's Habitual Offender Rule Questioned by Seventh Circuit by In an unpublished order by the U.S. Court of Appeals for the Seventh Circuit, a district court's denial of an Indiana prisoner's §2254 motion was vacated and court-appointed counsel was allowed to withdraw. Jerry Montgomery, an Indiana prisoner who had incurred …
Colorado Prisoners Awarded $45,466 In Attorney Fees And Costs by The U.S. District Court for the District of Colorado held that prisoners who had settled their civil rights lawsuit over conditions of confinement were entitled to attorney fees. Plaintiffs, prisoners confined in the Rifle Correctional Center, brought civil rights action …
No Liberty Interest in Interstate Prison Transfer by A Hawaii prisoner filed suit after being moved from a Hawaii prison to one in California. After a "program committee" labeled him a troublemaker, the prisoner was notified of an impending hearing and he retained counsel. The committee recommended after the hearing …
Iowa: Due Process Not Violated In Disciplinary Proceedings by The Supreme Court of Iowa held that an Iowa state prisoner's due process rights were not violated by a prison disciplinary committee. After being charged with violating prison rules associated with the smuggling and dispensing of alcohol within the prison, Michael …
Article • May 15, 2007
Elevated Charges, No Lab Analysis Does Not Violate Due Process by The U.S. Court of Appeals for the Eighth Circuit held that a Missouri state prisoner's due process rights were not violated as a result of disciplinary proceedings stemming from a possession of contraband charge. Prisoner Dale Holt was found …
Written Statements Not A Substitute For Live Testimony by The U.S. District Court for the Eastern District of Michigan held that a Michigan state prisoner should have been allowed to (a) call witnesses at his disciplinary hearing and (b) review documents relevant to the disciplinary charge. Wesley King was charged …
MO Ad-Seg Regulations Create Liberty Interest by The Eighth Circuit Court of Appeals held that Missouri State Penitentiary Regulation 20-212.040 creates a protected liberty interest that controls the placement of prisoners from the general population into administrative segregation. Two Missouri prisoners filed a 42 U.S.C § 1983 seeking damages for …
Article • May 15, 2007
New York Prisoner's Disciplinary Sanctions Vacated by Santiago Ramirez, a New York state prisoner, was a representative of a prisoner committee which had pledged a monetary donation for an upcoming family-day picnic. But when guards wouldn't negotiate with respect to the planning of the event, Ramirez tore up the requisition …
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