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Chain of Custody Defect Doesn't Void Drug Test

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Evidentiary Ruling (Disciplinary Hearings), Drug Testing

Chain of Custody Defect Doesn't Void Drug Test by The court of appeals for the Seventh circuit held that an Indiana state prisoner's due process rights were not violated when prison officials failed to maintain an adequate chain of custody for his urine sample that later tested positive for marijuana. …

Damages Awarded in NY Urine Test Suit

Article • May 15, 2007

Filed under: Disciplinary Litigation, Hearing Officers, Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Standard of Review, Drug Testing, Attorney Fee Awards, Civil Procedure, Damages

Damages Awarded in NY Urine Test Suit by A federal district court in New York entered an injunction and awarded $3,243.50 in damages, plus attorney fees, to a New York prisoner whose urine specimen lacked a full chain on custody and where no required confirmation test for drug use was …

EMIT Test Result Supports Infraction

Article • May 15, 2007

Filed under: Evidentiary Ruling (Disciplinary Hearings), Evidence, Searches, Drug Testing

EMIT Test Result Supports Infraction by The court of appeals for the Second circuit held that a single EMIT drug test result showing the use of drugs was sufficient to support a finding of guilt in a New York prison disciplinary hearing. Pre-hearing segregation of prisoners who test positive for …

Ban on Documentary Evidence in Disciplinary Hearings Struck Down

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Evidentiary Ruling (Disciplinary Hearings), Evidence

Ban on Documentary Evidence in Disciplinary Hearings Struck Down by The court of appeals for the Fifth circuit held that an Alabama prison rule prohibiting prisoners from presenting documentary evidence in their defense at prison disciplinary hearings is unconstitutional. Key to the issue is whether the evidence requested by the …

Wolff Applies to Jail Prisoner Disciplinary Hearings

Article • May 15, 2007

Filed under: Disciplinary Litigation, Liberty Interests, Notice of Rules, Witnesses (Disciplinary Hearings), Notice of Charges, Notice of Hearing, False Charges (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Written Findings, Disciplinary Strategies, Standard of Review, Sanitation, Bedding, Hygiene Supplies, Prisoner Property, Religious Freedom, Religious Diet

Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …

Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause

Article • March 15, 2005 • from PLN March, 2005

Filed under: Liberty Interests, Evidentiary Ruling (Disciplinary Hearings), Disciplinary Appeals, Immunity/Liability, Qualified Immunity, Extended Family Visiting

Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause by The U.S. Court of Appeals for the Second Circuit has affirmed the U.S. District Court for the Southern District of New York's order denying prison officials' motion for summary judgment on qualified immunity grounds in a prison discipline case. …

Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing

Article • December 15, 2004 • from PLN December, 2004

Filed under: Disciplinary Hearings, Liberty Interests, Witnesses (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Habeas Corpus

Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing by David Reutter Exculpatory Evidence Must be Disclosed at Prison Disciplinary Hearing by David M. Reutter The Seventh Circuit Court of Appeals has held that a prisoner is entitled to receive exculpatory evidence in a prison disciplinary hearing when a liberty …

Disciplinary Boards are not "State Courts" Under AEDPA

Article • May 15, 2003 • from PLN May, 2003

Filed under: Disciplinary Hearings, Evidentiary Ruling (Disciplinary Hearings)

Disciplinary Boards are not "State Courts" Under AEDPA by Disciplinary Boards are not "State Courts" Under AEDPA The Seventh Circuit Court of Appeals held that prison disciplinary boards are not "state courts" for purposes of 28 U.S.C. § 2254(e)(1). As such, "the state may not benefit from § 2254 (e) …

Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim

Article • February 15, 2003 • from PLN February, 2003

Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, Evidentiary Ruling (Disciplinary Hearings), Polygraphs, Summary Judgment, Ad-Seg Hearings

Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim by Conclusory Allegations Held Not "Some Evidence" in Prisoner Retaliation Claim The Eighth Circuit Court of Appeals has held that conclusory statements referencing investigative reports not in the record cannot be used by prison officials as "some evidence" to show …

New Jersey Prisoners' Disciplinary Convictions Reversed on Due Process Violations

Article • July 15, 2001 • from PLN July, 2001

Filed under: Disciplinary Hearings, Informants (Disciplinary Hearings), Notice of Charges, Evidentiary Ruling (Disciplinary Hearings)

New Jersey Prisoners' Disciplinary Convictions Reversed on Due Process Violations by The Appellate Division of the New Jersey Superior Court reversed two separate prison disciplinary matters after finding that two state prisoners were denied due process protections limiting the use of confidential informants and confidential information. Andrew Daley, a prisoner …

Disciplinary Hearing Reversed for Failure to View Videotape

Article • May 15, 2001 • from PLN May, 2001

Filed under: Disciplinary Hearings, Evidentiary Ruling (Disciplinary Hearings), Standard of Proof

Disciplinary Hearing Reversed for Failure to View Videotape by In two separate rulings a U.S. District Court set aside an Indiana State Prison Conduct Adjustment Board's (CAB) findings of guilt and punishment after determining that the CAB violated a prisoner's due process rights when it denied his request to review …

Lack of Evidence Bars Disciplinary Finding of Guilt

Article • February 15, 2000 • from PLN February, 2000

Filed under: Disciplinary Hearings, Liberty Interests, Sanctions (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Escapes, Injunctions

Lack of Evidence Bars Disciplinary Finding of Guilt by Lack of Evidence Bars Disciplinary Finding of Guilt Regardless of Punishment Imposed The court of appeals for the Ninth circuit held that it violates due process to find a prisoner "guilty" of violating a prison disciplinary rule when absolutely no evidence …

Discipline for Possessing Legal Papers Vacated

Article • December 15, 1998 • from PLN December, 1998

Filed under: Disciplinary Hearings, Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Written Findings, Prisoner Legal Assistance, Legal Materials

Discipline for Possessing Legal Papers Vacated by AColorado state appeals court held that no evidence supported an infraction against a prisoner found guilty of bartering and possessing another prisoner's legal papers. John Tebbetts, a Colorado state prisoner, was infracted and found guilty of "bartering'' after prison officials found letters from …

Seg Conditions Analyzed for Sandin Purposes

Article • July 15, 1998 • from PLN July, 1998

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Witnesses (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Summary Judgment, Ad-Seg Hearings

Seg Conditions Analyzed for Sandin Purposes by Building on prior recent decisions, the court of appeals for the second circuit held that district courts must analyze segregation conditions when determining whether prisoner plaintiffs have a federal due process liberty interest in remaining free from such confinement. Thomas Wright, a New …

Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings

Article • May 15, 1998 • from PLN May, 1998

Filed under: Evidentiary Ruling (Disciplinary Hearings), Prisoner Privileges, Grooming Rules, Mandamus

Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings by Florida Prisoners Have Right To Present Evidence At Disciplinary Hearings A Florida state appellate court held that a denial by prison authorities of an opportunity for a prisoner to present exculpatory evidence at a prison disciplinary hearing states a …

Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida

Article • May 15, 1998 • from PLN May, 1998

Filed under: Prisoner-Prisoner Assault, Disciplinary Litigation, Witnesses (Disciplinary Hearings), Staff Assistance, Evidentiary Ruling (Disciplinary Hearings), Immunity/Liability, Qualified Immunity, Sovereign Immunity

Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida by Prison Disciplinary Proceedings Cognizable Under § 1983 In Florida AFlorida state appellate court held that a denial of staff assistance, documentary evidence, and witness testimony in a prison disciplinary hearing states a due process claim under 42 U.S.C. § 1983, …

Heck Applied to Segregation Claims

Article • April 15, 1998 • from PLN April, 1998

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Habeas Corpus

Heck Applied to Segregation Claims by The court of appeals for the seventh circuit held that a prisoner's claim that his due process rights were violated at a prison disciplinary hearing was not cognizable under 42 U.S.C. § 1983 and had to be brought as a habeas corpus challenge, even …

Evidence Must Support Disciplinary Ruling

Article • March 15, 1998 • from PLN March, 1998

Filed under: Disciplinary Hearings, Liberty Interests, Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Habeas Corpus

Evidence Must Support Disciplinary Ruling by Afederal district court in Indiana granted an Indiana state prisoner's petition for habeas corpus, finding that no evidence supported a disciplinary committee's "guilty" finding of possessing intoxicants. Timothy Hayes was infracted for possessing intoxicants after a guard found a bottle of an "orange substance" …

AEDPA Applies to Prison Disciplinary Hearings

Article • December 15, 1997 • from PLN December, 1997

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Witnesses (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Habeas Corpus

AEDPA Applies to Prison Disciplinary Hearings by The court of appeals for the seventh circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA), Public Law No. 104-132, which amended the federal habeas corpus statutes, applies to habeas petitions challenging prison disciplinary hearings. The court also held Indiana prisoners …

Reliable Evidence Required at Disciplinary Hearing

Article • September 15, 1997 • from PLN September, 1997

Filed under: Disciplinary Hearings, Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Habeas Corpus

Reliable Evidence Required at Disciplinary Hearing by A federal district court in Indiana granted a habeas corpus petition after finding a prisoner was denied the ability to present exculpatory evidence at a prison disciplinary hearing. Monte McPherson, an Indiana state prisoner, was infracted and found guilty of having sex with …