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Article • May 15, 2007
Kansas Prisoner Not Allowed to Attend Disciplinary Hearing States Habeas Claim by Johnny Hoque , a Kansas state prisoner, was infracted for inciting a riot. Seven days before his hearing, he tore up the summons and refused to cooperate with the proceedings. He later indicated that he would cooperate, but …
Article • May 15, 2007
Punishment for Refusing Polygraph Upheld by A prisoner who was placed in segregation pending a hearing was provided due process by the "postdeprivation" disciplinary hearing he received. Review of a disciplinary proceeding to determine if it was supported by "some evidence" must be limited to evidence in the administrative record. …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
Article • May 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the …
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …
Jury Finds CT Prisoner Denied Disciplinary Due Process by The plaintiff was summoned to a disciplinary hearing, got there late, and discovered it had been held without him and he had been found guilty. He asked to be heard and tried to get the hearing officer's attention; he was maced …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Expungement, Not Rehearing, Mandated in Colorado Disciplinary Reversals by Bob Williams In an unpublished opinion, the Colorado Court of Appeals has held that expungement of a prisoner?s disciplinary record, not a rehearing, is an appropriate remedy when reversed on administrative or judicial review. Colorado prisoner Lewis Simpson was convicted of …
Article • January 15, 2007 • from PLN January, 2007
Washington Prisoner Sues Over Bogus Disciplinary Actions; State Settles for $1,500 by The Washington State Department of Corrections (DOC) has paid one of its prisoners $1,500 to dismiss a civil rights action he filed after disciplinary actions taken against him were vacated for being unlawful. Lonnie Burton is a Washington …
Article • November 15, 2006 • from PLN November, 2006
Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding by David Reutter Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding by David M. Reutter The Minnesota Supreme Court has held that a Minnesota Department of Corrections disciplinary hearing fact-finder must find by a preponderance of …
Article • October 15, 2006 • from PLN October, 2006
Supreme Court: Lethal Injection Procedure May Be Challenged Via § 1983 by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held that a condemned prisoner's challenge to the procedure used in lethal injection may be brought in 42 U.S.C. § 1983 and need not be brought in …
Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Introduction1 For a number of years it seemed that rights …
Exhaustion Not Required in Pennsylvania Parole Denial Challenges by The Third Circuit Court Of Appeals held that a Pennsylvania state prisoner challenging the denial of parole need not file a petition for a writ of mandamus in order to satisfy the dictates of exhaustion before seeking federal habeas review. Pennsylvania …
On Remand From Supreme Court, Sixth Circuit Reverses Judgment on Guard Retaliation Claim by The Sixth Circuit Court of Appeals, on remand from the United States Supreme Court, reversed a district courts grant of summary judgment to a prison guard on a First Amendment retaliation claim. Michigan prisoner Shakur Muhammad …
Florida Prisoner's Disciplinary Challenges Reversed for Further Proceedings by Two separate Florida District Court of Appeals decisions have reversed the dismissal of two prisoners' civil actions that challenged disciplinary reports. Prisoner Craig A. Savery was disciplined for possession of narcotics. Savery's initial appeal to Tomoka Correctional Institution's Warden was denied. …
Washington S.Ct. Upholds Persistent Prison Misbehavior Statute by In a 54 decision, the Washington State Supreme Court upheld a law that makes it a felony for a Washington prisoner to commit a serious prison infraction after losing all potential earned early release credits. The majority concluded that the statute was …
Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack by Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack The Washington Court of Appeals, Division III, held that the Department of Corrections (DOC) may not conduct a rehearing of a prison disciplinary …
Article • August 15, 2005 • from PLN August, 2005
U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow by U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow by John E. Dannenberg The U.S. Supreme Court held that state …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition by The Appellate Court of Illinois, Fourth District, held that prisoner in the Illinois Department of Corrections (DOC) had adequately stated causes of action for mandamus relief pertaining to disciplinary sanctions imposed against him. On September 11, 2002, William Cannon, Jr., a …
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