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BOP Prisoners Have Liberty Interest in Good Time by BOP Prisoners have Liberty Interest in Good Time The court of appeals for the Ninth circuit held that federal prisoners have a due process liberty interest in receiving good time credits and not being subjected to disciplinary segregation without due process …
Article • May 15, 2007
Alcoholics Anonymous Parole Requirement Violates Establishment Clause by Alcoholics Anonymous Parole Requirement violates Establishment Clause The supreme court of Tennessee held that the Tennessee parole board's method of determining prisoner parole eligibility, by circulating and reviewing case files individually, does not violate the state's open records act. The court held …
Race Discrimination in Seg Placement and Parole Denial States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's claim that he was placed in indefinite administrative segregation and denied parole due to being black and filing lawsuits. Case …
Article • May 15, 2007
WA Prisoners Have Liberty Interest in Release by The court of appeals for the Ninth circuit held that a Washington state prisoner had a due process liberty interest in being released from prison on his good time release date. The plaintiff in this section 1983 case was held 20 days …
Drug Infraction Not Moot Upon Release by The court of appeals for the Ninth Circuit held that a federal prisoner's habeas challenge to a prison disciplinary hearing sanction was not mooted by the prisoner's unconditional release from prison. Barry Robbins was infracted for drug use at the BOP camp in …
Ban on Staff Witnesses in Disciplinary Hearings Unconstitutional by The court of appeals for the Tenth circuit granted a certificate of appealability in a habeas corpus action. The court held that a New Mexico state prison's blanket policy of banning all staff members as witnesses in disciplinary hearings was unconstitutional …
Article • May 15, 2007
Change in FL Good Time System violates Ex Post Facto by The court of appeals for the Eleventh circuit affirmed a district court ruling that granted habeas relief to a Florida prisoner who claimed a change in the state's method of calculating and awarding good time credits violated the ex …
Article • May 15, 2007
Mail Between Prisoner and Former Prison Employee Allowed by The court of appeals for the Eighth circuit granted habeas relief to a wheelchair bound, paraplegic BOP prisoner in Missouri who was denied correspondence with a former female BOP employee he became romantically involved with. The court held that on the …
Transferred Prisoners Entitled to Sending States Good Time Credits and Benefits by The court of appeals for the Eighth circuit held that an Arkansas prisoner transferred to Florida under the Interstate Corrections Compact was entitled to all good time credits and other benefits he would have received had he remained …
Article • May 15, 2007
No Right to Artificial Insemination by The court of appeals for the Eighth circuit held that a BOP prisoner in Missouri had no right to artificially inseminate his wife, assuming prisoners retain a right to procreate after incarceration. One judge dissented and would have ruled in the prisoner's favor. The …
Article • May 15, 2007
Probation Officers Entitled to Absolute Immunity when Performing Court Function by Probation Officers Entitled to Absolute Immunity When Performing Court Function The court of appeals for the Ninth circuit held that California probation officers preparing reports for use by state courts are entitled to absolute judicial immunity from suit. The …
Prison Disciplinary Conviction on Unidentified Informant's Testimony Okay by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court of Oregon, held that a prisoner's due process rights in a prison disciplinary hearing were not violated despite the lack of specificity in the time frame for the prison …
Judicial Immunity Does Not Bar Injunctive Relief or Attorney Fees by The U.S. Supreme Court held that judicial immunity did not preclude issuance of injunctive relief against a Virginia state magistrate nor did it bar the award of attorney fees against her in a civil rights action. Respondents were arrested …
Article • May 15, 2007
Filed under: Sentencing, Good Time
New York Jail Good Time Statute Held Constitutional by The U.S. Supreme Court held a New York good-time statute to be constitutional. New York prisoners brought action against state prison officials alleging violation of the Equal Protection Clause. Under § 230(3) of the New York Correction Law, prisoners were not …
Article • May 15, 2007
Exculpatory DNA Evidence Insufficient for New Trial by The Eighth District Court of Appeals of Ohio, in a split decision, has reversed the grant of a new trial to an Ohio prisoner by the Cuyahoga County Court of Common Pleas. Frederick Luckett, an Ohio prisoner, was convicted at jury trial …
Article • May 15, 2007
Seventh Circuit Reverses Habeas Corpus Filed on Habitual Rules Violation by The U.S. Seventh Circuit Court of Appeals has vacated and remanded the dismissal of a prisoner's habeas corpus petition, 28 U.S.C. § 2254, demanding relief from the judgment of the Indiana Department of Corrections (DOC) decision that Montgomery was …
Article • May 15, 2007
Clemency Proceedings Require Only Rudimentary Due Process by The United States Supreme Court, affirming Ohio's clemency procedures, held that the due process requirements for clemency hearings are rudimentary. Eugene Woodard was convicted of murder in the course of carjacking and was sentenced to death. Forty-five days prior to his scheduled …
Article • May 15, 2007
Supreme Court: Aliens Can Be Held Without Bail Pending Deportation by Supreme Court: Aliens Can Be Held Without Bail Pending Deportation The United States Supreme Court held 6-3 that provisions of the Immigration and Nationality Act (INA) limiting judicial review of the United States Attorney General's (AGs) discretionary decisions to …
Article • May 15, 2007
Kansas Open Records Act Requires DOC to Disclose Parolee Info To Public by The Kansas Supreme Court held that the Kansas Open Records Act (KORA) requires that state's Department of Corrections (KDOC) to provide certain parolee supervision information to requestors. In doing so, that court narrowly construed KORA's "supervision history" …
Article • May 15, 2007
Police Officer May Be Liable for Failing to Disclose Exculpatory Evidence to Prosecutor by Police Officer May Be Liable For Failing to Disclose Exculpatory Evidence to Prosecutor The Fifth Circuit Court of Appeals held a police officer can be liable under 42 U.S.C. § 1983 claims of false detention and …
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