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Article • August 15, 2013
Washington DOC May Rehear Bungled Disciplinary Infractions While First Outcome Is Under Judicial Review by The Washington State Supreme Court (Supreme Court) has ruled that the State Department of Corrections (DOC) may rehear prison disciplinary infractions while the propriety of the first proceeding is being challenged in court. On July …
Damages for Improper Segregation Needs Resolution by Jury by The Second Circuit Court of Appeals held prison officials were entitled to a jury trial to determine damages caused by the failure to call witnesses at a disciplinary hearing. A prisoner at New York’s Attica Correctional Facility was charged with assault …
Article • August 15, 2013
Mentally Ill Federal Prisoner Denied Due Process in Disciplinary Hearing without Adequate Assistance by In 1974, a federal prisoner in Marion, Illinois named William Ross was found guilty of using narcotics and possessing a knife by a disciplinary committee. At the time, he was mentally unable to present a defense, …
NY Prison Disciplinary Hearing that Doesn’t Consider Insane Prisoner’s Mental Health Held Invalid by Leon Reed, a New York state prisoner, stabbed another prisoner to death in September of 1976 at the Gaveen Haven Correctional Facility. He was found not guilty of murder in state court by reason of insanity. …
Article • August 15, 2013
NY Prisoner’s Disciplinary Hearing Upheld Against Timeliness and Sufficiency of Evidence Challenges by On October 27, 1991, Michael Colantonio, a New York state prisoner, was found bleeding from a cut on his arm. On November 6, 1991, after a short stay at a special observation unit, Colantino admitted cutting himself …
NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed by Camilo Infante, a New York state prisoner, failed to provide a urine sample within three hours of a guard’s order to do so for purposes of drug screening. He claimed at his disciplinary hearing that a groin …
New York Federal Court Finds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case; Suit Settles for $67,000 by Matthew Clarke by Matt Clarke A New York federal District Court has held that prison officials were liable for convicting a prisoner in a disciplinary proceeding based solely on a victim's uncorroborated …
California Guard Fights Prisoner, Faces Charges for Falsifying Reports by A California prison guard who challenged a prisoner to a fight, then engaged in a cover-up to avoid getting in trouble, is now facing criminal charges for filing false reports. In April 2012, state prison guard Christopher Cruse, 41, pleaded …
Publication • 2013
Innocent Defendant's Delimma-Plea Bargining, J of Crim Law & Criminology, 2013 Journal of Criminal Law and Criminology Volume 103 | Issue 1 Article 1 Winter 2013 The Innocent Defendant's Dilemma: An Innovative Empirical Study of Plea Bargaining's Innocence Problem Lucian E. Dervan Vanessa A. Edkins Ph.D. Follow this and additional …
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan by The Michigan Supreme Court has held that mandatory lifetime electronic monitoring is a direct consequence of a plea to first-degree criminal sexual conduct or second-degree criminal sexual conduct. As such, when a defendant enters a guilty …
$57,500 Settlement for Texas Prison’s Discriminatory and Retaliatory Occurrences by In October 2006, the Texas Department of Criminal Justice (TDCJ) settled a suit for alleged discriminatory and retaliatory occurrences filed by former TDCJ's Parole Division Supervisor in San Antonio Manuel M. Mermea, Jr. In June 26, 2003, Mermea filed the …
Article • April 15, 2013 • from PLN April, 2013
No Free Speech Protection for Prisoners Who Copy Excerpts from Books by Christopher Zoukis Prisoners who copy "arguably inflammatory” or “incendiary” passages from the books they check out from a prison library or are allowed to purchase are not entitled to rely on the First Amendment to protect them from …
$1,008 in Damages Awarded to Illinois State Prisoner by A federal jury awarded Gregory J. Turley, an Illinois state prisoner, $1,008 in compensatory and punitive damages for the retaliatory actions of two guards. Turley sued guards Julie Marry and Robert Gales, and Warden Roger Cowan for retaliation. In May 200, …
Article • April 15, 2013
Washington Photo Confiscation/Destruction Not Negligent by The Washington State Court of Appeals upheld a lower court's dismissal of a prisoner's negligence claim for the confiscation and destruction of family photographs. Kurt Engle was convicted of raping and molesting his minor daughter and son. The trial court ordered that Engle was …
Third Circuit: Prison Disciplinary Hearing Officer Must Examine Potentially Exculpatory Evidence by The Third Circuit held, twice in the same case, that it is a due process violation for a prison hearing officer not to examine documentary evidence that a prisoner charged with a disciplinary infraction believes will exonerate him, …
Article • April 15, 2013
California Prison Officials Ordered to Provide Prisoners with Copies of their Administrative Appeals by In January 2008, the Fresno County Superior Court ordered Pleasant Valley State Prison (PVSP) officials to provide PVSP prisoners with photocopies of their administrative appeals at all levels of review. The order covered the administrative appeals …
Wisconsin Supreme Court Upholds Disciplinary Result by David Reutter By: David M. Reutter The Supreme Court of Wisconsin held, on December 14, 2010 that a prison guard’s involvement in the investigation in an incident is not “substantial involvement” that violates the due process right to an impartial decision maker in …
Tennessee DOC Accused of Covering Up Violent Incidents by Alex Friedmann As previously reported in Prison Legal News, the Tennessee Department of Correction (TDOC) has been experiencing higher levels of prisoner-on-prisoner and prisoner-on-staff violence since Commissioner Derrick Schofield was appointed in January 2011. The increased violence coincides with a number …
DC Court Disbars Former Federal Prosecutor for Misconduct by Derek Gilna On March 8, 2012, for the first time in over ten years, a former federal prosecutor was disbarred for “egregious” misconduct during the prosecution of several high-profile murder cases in the 1990s. According to a 2010 investigation by USA …
“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center by The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline …
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