Skip navigation

Search

59 results
Page 2 of 3. « Previous | 1 2 3 | Next »

Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment …
Article • May 15, 2007
Legislation Supplies Notice On Its Own by At 1181-82: Whether an affected party is entitled to individual notice and a pre-deprivation hearing depends upon the character of the action. When the action is purely legislative, the statute satisfies due process if the enacting body provides public notice and open hearings. …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Article • May 15, 2007
Failure to File Disciplinary Rules with Correct Agency Does Not Violate Due Process by Failure to File Disciplinary Rules With Correct Agency Does Not Violate Due Process The court of appeals for the Second circuit held that the failure by New York prison officials to file prison disciplinary rules with …
Change in Infraction Level Requires Due Process in Wisconsin by A Wisconsin federal district court held that Wisconsin administrative code § HHS 303.68(4) creates a liberty interest which requires the security director to consider the regulation's criteria and make a statement of the criteria applicable to upgrade a prisoner's misconduct …
Prisoner Cannot Be Punished for Engaging in Permitted Conduct by The U.S. Eighth Circuit Court of Appeals reversed and remanded a district court jury verdict in favor of a prison warden who punished a prisoner for engaging in conduct not prohibited by prison rules. Larry Coffman, a prisoner at Missouri …
Article • May 15, 2007
Prisoners Have Right to Notice of Rules by The Eighth U.S. Circuit Court of Appeals affirmed that prisoners in custody of the Nebraska Department of Correctional Services (DOCS) do have right to advance notice of rules and orders promulgated by DOCS, DOCS' prison wardens, or prison supervisors before the rules …
Discipline for Content of Outgoing Mail Reversed by The United States District Court for the Southern district of New York held that prison officials violated a New York prisoner's First Amendment rights of expression by censoring his outgoing mail and disciplining him for complaints about prison conditions and officials in …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
No Punishment for Possession of Radical Religious Literature by The Second Circuit Court of Appeals held a prisoner's complaint was sufficient to defeat summary judgment and require a trial. The civil rights action was filed by a New York prisoner who spent 7 of his 15 years in prison in …
Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional by Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional The Court of Appeals of the State of Washington, Division I, held that sanctions resulting from a prisoner's use of insolent and threatening language on an administrative grievance did not violate the First …
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program …
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: …
Article • May 15, 2007
New York Disciplinary Procedures Violate Due Process, Prisoner Awarded $750 by The U.S. District Court for the Northern District of New York held that disciplinary procedures extending prisoners' time in punitive segregation violated due process and that the prison's strip search policy violated the Fourth Amendment. Prisoners Zachary Morgan, Born-Allah, …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Article • January 15, 2007 • from PLN January, 2007
5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense by Michael Rigby 5th Circuit Reverses Texas Prisoner's Disciplinary Conviction For "Non-Existent" Offense by Michael Rigby The U.S. Fifth Circuit Court of Appeals held there was no evidence to sustain a Texas prisoner's disciplinary conviction for assaulting a guard and …
Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition by The Appellate Court of Illinois, Fourth District, held that prisoner in the Illinois Department of Corrections (DOC) had adequately stated causes of action for mandamus relief pertaining to disciplinary sanctions imposed against him. On September 11, 2002, William Cannon, Jr., a …
Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused by Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also …
Article • January 15, 2004 • from PLN January, 2004
Pool Cue Not a Weapon, Says Second Circuit by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a federal prisoner's disciplinary appeal after finding that a pool cue, per se, was not a weapon. In August 1999 while enjoying a game of pool, …
Page 2 of 3. « Previous | 1 2 3 | Next »