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Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: WA Good Time by In the February, 1996, issue of PLN we reported Gotcher v. Wood, 66 F.3d 1097 (9th Cir. 1995) where the ninth circuit held that Washington prisoners have a protected liberty interest in their good time credits. The supreme court vacated Gotcher …
Frivolous State Litigation by Paul Wright By Paul Wright The court of appeals for the eighth circuit held that a prisoner's demotion from administrative to punitive segregation did not implicate any federal due process liberty interest. We would not normally report this case because it involves no new or novel …
Article • September 15, 1997 • from PLN September, 1997
Fact Finding of Segregation Conditions Required in Disciplinary Suit by In two separate cases the court of appeals for the eighth circuit held that lower courts had improperly dismissed suits filed by Missouri state prisoners who had claimed they were denied due process when they were placed in segregation. Roman …
Disciplinary Segregation Can Create Liberty Interest by In two separate rulings, the court of appeals for the second circuit held that in Sandin v. Connor, 115 S.Ct. 2293 (1993) [PLN, Aug. 1995] the supreme court did not create a blanket rule that disciplinary segregation alone, without the loss of good …
Sandin Analyzed for New York Prisoners by A federal district court in New York held that a trial was required to determine if a prisoner's due process rights were violated at a disciplinary hearing. The significance of this case lies not so much with the court's ruling as with its …
Consent Decrees Enforceable on Its Own Terms by The court of appeals for the seventh circuit held that a consent decree that incorporated state law requirements on prison officials did not violate the eleventh amendment and could be enforced on its own terms. In 1992 Indiana state prisoners filed suit …
Administrative Exhaustion Required for Disc. Habeas by The court of appeals for the third circuit held that federal prisoners who challenge disciplinary hearings via habeas corpus must first exhaust their administrative remedies within the Bureau of Prisons (BOP) and failure to do so will result in procedural default. Phillip Moscato, …
Habeas and 1983 Remedy for Disciplinary Hearings Discussed by The court of appeals for the seventh circuit discussed the application of habeas corpus and section 1983 challenges to prison disciplinary hearings. This is an extremely convoluted and confusing ruling, which the court acknowledged at the outset by noting that the …
Edwards v. Balisok: A Partial Victory for Prisoners by David C Fathi by David C. Fathi On May 19, 1997, the United States Supreme Court decided Edwards v. Balisok, 520 U.S. 117 S.Ct. 1584 (1997). Although the Court reversed a favorable decision by the U.S. Court of Appeals for the …
Article • July 15, 1997 • from PLN July, 1997
Private Prison Disciplinary Action Subject to Colorado Court Review by The Colorado court of appeals held that state prison disciplinary codes apply to private prisons and are subject to judicial review. Patrick Murphy, a Colorado state prisoner, was placed in the Bent County Correctional Facility (BCCF), a privately owned and …
Habeas Petition Not Mooted by Segregation Release by The court of appeals for the seventh circuit held that when a prisoner challenges a disciplinary hearing via federal habeas corpus collateral consequences will be presumed by the court. Martin Bryan is an Indiana state prisoner. He was infracted for allegedly reaching …
Qualified Immunity for Infraction Suit by The court of appeals for the eighth circuit held that a district court erred when it found prison officials liable and awarded a prisoner damages after the court found no evidence supported a disciplinary committee's finding of guilt. The court also held that prisoners …
Article • March 15, 1997 • from PLN March, 1997
No Remedy for State Law Violations in Washington Disciplinary Hearings by The Washington state court of appeals for Division I held that prisoners challenging a disciplinary hearing must show actual and substantial prejudice before they are entitled to relief under a Personal Restraint Petition (PRP). In In Re Cashaw, 123 …
Ninth Circuit Rules on Washington ADA Suit by Leonard Feldman [Editor's Note: Leonard Feldman is the Seattle attorney representing the plaintiff in the case discussed below.] Sean Duffy, the plaintiff in Duffy v. Riveland, 1996 WL 583384 (9th Cir. October 11, 1996), is a prisoner at the Washington State Reformatory …
Informant Testimony Must Be Reliable by A federal district court in Texas granted habeas relief to two Texas prisoners who had lost good time at a disciplinary hearing based on unconfirmed informant testimony. Morris Broussard and Gary Johnson filed a 42 U.S.C. § 1983 action contesting the loss of good …
Article • December 15, 1996 • from PLN December, 1996
Habeas Required for Disciplinary Hearing Challenges by The court of appeals for the eighth circuit held that prisoners challenging the results of prison disciplinary hearings that result in the loss of good time cannot challenge the hearing result via 42 U.S.C. § 1983, but instead they must present their claim …
Cause of Action Accrues on Disciplinary Reversal by The court of appeals for the second circuit held that the statute of limitations for a § 1983 action does not begin to run until a prisoner has successfully challenged the disciplinary hearing in state court. Theodore Black is a New York …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
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 …
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