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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) …
Article • April 15, 1992 • from PLN April, 1992
NY Prisoner Has Due Process Right to Remain In Population by New York state prisoner Altagarcia Santana filed a civil rights suit, pursuant to 42 U.S.C. 1983, claiming that his right to due process had been violated when he was placed in "keeplock" and not given a hearing for five …
Indiana Ad Seg Policy Does Not Create Liberty Interest by Two Indiana state prisoners filed suit over being placed in administrative segregation (Ad Seg). They claimed their right to due process had been violated and sought relief under § 1983. The district court dismissed the suit on the grounds they …
Receiving State is Agent of Sending State; Qualified Immunity Examined by Receiving State Is Agent Of Sending State; Qualified Immunity Examined An Iowa prisoner was under punitive segregation when he was transferred to the Texas prison system and released to the general population. When he was later transferred back to …
Consent Decree Creates a Liberty Interest by Consent Decree Creates A Liberty Interest Stephen Rodi, a Rhode Island state prisoner filed suit under § 1983 claiming he had been put in administrative segregation without cause, notice or opportunity to be heard. The district court dismissed the complaint for failure to …
Prisoner Victims of Guard Assault Win Damages by Prisoner Victims Of Guard Assault Win Damages Ten prisoners in the D.C. jail learned they were being transferred to another facility. A number of the inmates passively resisted the transfer. They alleged that after the transfer, they were beaten by correctional officers. …
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