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Article • August 15, 1996 • from PLN August, 1996
5th Circuit Bars Ad Seg Claims by The court of appeals for the fifth circuit has held that in the wake of Sandin v. Connor, 115 S.Ct. 2293 (1995) administrative segregation does not constitute a deprivation of any constitutionally protected liberty interest. Rolando Pichardo is a Texas state prisoner. Prison …
Article • August 15, 1996 • from PLN August, 1996
BOP Ad Seg Rules Don't Create Liberty Interest by The court of appeals for the seventh circuit held that federal Bureau of Prison (BOP) rules do not create a liberty interest in federal prisoners not being placed in administrative segregation and once in segregation federal prisoners are not entitled to …
Segregation Enhancement May Violate Due Process by A federal district court in New York held that extending a prisoner's term in segregation without a hearing may violate his right to due process because it imposed an atypical hardship because this particular prisoner was almost seven feet tall and had difficulty …
New York Prisoners Entitled to Disciplinary Due Process by A federal district court in New York held that New York state prisoners retain a state created due process liberty interest to be free from disciplinary segregation. This is the one of the first post Sandin v. Conner, 115 S.Ct. 2300 …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
Indiana Prisoners Not Entitled to Disciplinary Due Process by In two separate rulings a federal district court in Indiana held that a prison disciplinary hearing committee does not have to provide any form of due process when it sentences a prisoner to long terms of disciplinary segregation. Lorenzo Stone-Bey, an …
Article • June 15, 1996 • from PLN June, 1996
Washington Prisoners Have No Right to Earned Time by The state court of appeals for Division III has held that Washington state prisoners have no constitutional or statutory right to be allowed to earn "earned time" credits. Dagoberto Galvez was placed in administrative segregation where he was not allowed to …
No Due Process in Seg Placement by In the August, 1995, issue of PLN we reported Sandin v. Conner, 115 S.Ct. 2293 (1995) in which the supreme court held that prisoners have no due process rights in disciplinary hearings as long as the length of their sentence is not affected, …
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …
Article • April 15, 1996 • from PLN April, 1996
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Seventh Circuit Discusses Sandin by In the August, 1995, issue of PLN we reported the supreme court's ruling in Sandin v. Conner , 115 S.Ct. 2293 (1995), which essentially gutted prisoners' right to due process in prison disciplinary hearings. Sandin opened up more questions than it purported to answer and …
Washington Prisoners Have Liberty Interest in Good Time by The court of appeals for the ninth circuit has ruled that Washington state prisoners retain a state created due process liberty interest in not losing their good time credits unless they are provided with due process at a disciplinary hearing. It …
Article • February 15, 1996 • from PLN February, 1996
Sandin Applied Retroactively by In the August, 1995, issue we discussed the supreme court's decision in Sandin v. Connor , 115 S.Ct. 2293 (1995) which held that states do not create a due process liberty interest in their regulations unless there is a "substantial" deprivation at issue. The first circuit …
NJ Prisoners Have Liberty Interest in Staying in Population by The court of appeals for the third circuit has held that New Jersey state prisoners have a due process liberty interest, enforceable in federal court under § 1983, to remain in general population. David Sheehan is a PLN reader at …
Missouri Ad Seg Damages Award Upheld by The eighth circuit court of appeals has affirmed an award of money damages to Michael Weems, a Missouri state prisoner, who was denied a review hearing while in administrative segregation. The court reaffirmed that Missouri state prisoners have a due process liberty interest …
Article • August 15, 1995 • from PLN August, 1995
ID Rider Program Creates Liberty Interest by The ninth circuit has held that prisoners have a due process liberty interest in accurate and reliable rehabilitation reports. In 1972 Idaho created the ARider Program@ whereby convicted felons were sent to prison to be evaluated for potential release on probation, the sentencing …
Supreme Court Guts Due Process for Prisoners by On June 20, 1995, the supreme court issued its five to four ruling in Sandin v. Conner. The ruling appears to be the most devastating legal setback prisoners have suffered in the Supreme Court since Turner v. Safley was decided in 1987. …
Article • June 15, 1995 • from PLN June, 1995
Delay in Hearing States Claim by The court of appeals for the second circuit has reaffirmed that New York State law creates a due process liberty interest in its administrative segregation rules. The court held that prisoners due process rights are violated when they are not afforded a timely hearing …
Jail Detainee Entitled to Hearing by In 1986 Vincent McCann was a pretrial detainee in the mental health unit at the Orange County Correctional Facility (jail) in New York. A detainee complained to jail guards that other prisoners had thrown urine on him and were taunting him. After a cursory …
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