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Law Students Entitled to Attorney Fees by Ten prisoners at the District of Columbia's prison in Lorton, VA, filed suit claiming they had been shackled, handcuffed and severely beaten by prison guards. They were then infracted, found guilty and placed in segregation without due process. Unable to afford counsel the …
Habeas Doesn't Bar Section 1983 by Ronald Rhodes is a Kansas state prisoner. He was placed in segregation by prison officials claiming he was planning an outbreak of racially motivated violence in the prison mess hall. He was never given written notice of the grounds for placing him in segregation. …
UT Property Regs Create Liberty Interest by Jeffrey Abbot is a Utah state prisoner. He filed suit claiming his rights to due process were violated when he was transferred to administrative segregation (ad seg) and his personal property (books, bible, magazines, hygiene items, etc.) were confiscated. He also claimed that …
Prison Officials Can't Prevent Jailhouse Lawyers From Assisting Other Prisoners by Paul Gibbs is a Michigan state prisoner and jailhouse lawyer. He was placed in segregation in late 1990 for possessing contraband. On April 2, 1991, he was reclassified back to the general population. Due to a lack of bed …
Article • April 15, 1994 • from PLN April, 1994
Ad Seg as Punishment Unlawful by Ad Seg As Punishment Unlawful Greg Stevens is an HIV+ Arkansas state prisoner, he is also missing a finger. Due to his medical condition he received a medical limitations slip which prohibited him from working in the prison fields. He reported to work in …
MO Ad Seg Practices Unlawful by Several prisoners at the Missouri State Penitentiary (MSP) filed suit after they were held in administrative segregation (ad seg) for periods ranging between nine and thirty days without a hearing or an opportunity to challenge the information upon which the ad seg was allegedly …
Article • February 15, 1994 • from PLN February, 1994
Involuntary PC Violates Due Process by Gregory Howard is a Michigan state prisoner. Howard was a prisoner at the state prison in Jackson when he requested placement into protective custody (PC) for protection from asserted enemies in the general prison population. He was transferred to a close custody prison for …
Article • November 15, 1993 • from PLN November, 1993
WI Ad Seg Rules Don't Create Liberty Interest by Wisconsin regulations governing the transfer of state prisoners to "temporary lockup" status do not create a protected liberty interest under the fourteenth amendment due process clause, a majority of the Wisconsin supreme court ruled June 3, 1993. The majority agreed with …
Article • November 15, 1993 • from PLN November, 1993
Well Established Right to Release From Control Unit by Well Established Right To Release From Control Unit Harvey hall is a Missouri State prisoner. While in protective custody at the Missouri State penitentiary (MSP) Hall was found in possession of contraband and placed in the Special Management Facility (SMF). After …
Article • October 15, 1993 • from PLN October, 1993
Due Process Required Before Hole Time by Acounty jail prisoner in Lubbock, Texas, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against his captors. He alleged jailers violated his right to due process by placing him in lockdown without a hearing. The prisoner's crime was to ignore …
Article • August 15, 1993 • from PLN August, 1993
Ad-Seg WACs Do Not Create Liberty Interest by PLN recently reported Farr v. Blodgett, [PLN, Vol. 4, No. 6] in which the district court for the Eastern District of Washington held that the Washington Administrative Code (WAC) created a due process liberty interest for Washington state prisoners to remain out …
Ad Seg Right to Eyeglasses and Toilet Paper by Vernon Williams is a California state prisoner in administrative segregation (ad seg) at San Quentin. He filed suit challenging numerous conditions of his confinement. The court granted Williams leave to proceed In Forma Pauperis. This is not a ruling on the …
WA Ad Seg Rules Create Liberty Interest by Tillman Farr was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla. Prison officials placed Farr in Administrative Segregation (ad seg) based on information from confidential informants which claimed Farr and others were going to assault a guard. Based on …
Article • June 15, 1993 • from PLN June, 1993
No Liberty Interest in BOP Ad Seg Rules by Howard Awalt is a federal prisoner. He was placed in administrative segregation (ad seg) pursuant to 28 C.F.R. § 541.22 (a)(8) after prison officials received an anonymous note stating his life was in danger. He filed a Bivens action against prison …
Improved Jail Conditions Merits Attorney Fees by Two Wood County, Texas, jail prisoners filed suit under § 1983 claiming the jail had practices of denying prisoners access to the courts, improper classification, punitive isolation without due process, inadequate medical care, denial of reading material and overall unacceptable jail conditions. The …
Article • December 15, 1992 • from PLN December, 1992
Due Process Requires Hearing Before Punishment by Keith Brown-El is a prisoner at the Missouri State Penitentiary (MSP). He was infracted for staying in bed during count and staying in the shower too long. He was found guilty at a disciplinary hearing and sentenced to segregation, transferred to another prison …
Article • September 15, 1992 • from PLN September, 1992
Jury Trial Required for Ad-Seg Claim by John Dell-Orfano was arrested and held in administrative segregation (ad seg) in the Suffolk County jail in New York. Before being placed in ad seg he did not receive any type of hearing, notice or opportunity to dispute the placement. He filed suit …
Article • August 15, 1992 • from PLN August, 1992
Court Rules on Service and Venue by Arnold Huskey is a BOP (Bureau of Prisons) prisoner confined at the US Penitentiary in Marion, Illinois. He filed suit in the District of Columbia claiming BOP officials had violated his constitutional rights by misclassifying him under 28 C.F.R. § 524.72 (h) resulting …
Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …
Article • May 15, 1992 • from PLN May, 1992
NJ Ad Seg Rules Create Liberty Interest by Salvatore Gerardi is a New Jersey State prisoner who was suspected by prison officials of being part of a drug trafficking ring. Gerardi claimed his right to due process was violated when prison officials placed him in the Maximum Control Unit (MCU) …
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