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Texas Prisoners Have Liberty Interest in Mandatory Supervision

Article • June 15, 2001 • from PLN June, 2001

Filed under: Disciplinary Hearings, Liberty Interests, Standard of Proof, Good Time, Parole, Habeas Corpus

Texas Prisoners Have Liberty Interest in Mandatory Supervision by The court of appeals for the Fifth Circuit has held that eligible Texas state prisoners have a liberty interest in release on mandatory supervision. Dobber Graham Malchi, a Texas state prisoner, filed a federal habeas corpus action challenging a prison disciplinary …

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 …

PRP Proper to Challenge Some WA Disciplinary Orders

Article • April 15, 2001 • from PLN April, 2001

Filed under: Disciplinary Hearings, Disciplinary Litigation, Staff Assistance, Sanctions (Disciplinary Hearings), Standard of Proof

PRP Proper to Challenge Some WA Disciplinary Orders by The Washington state Court of Appeals held that it was proper to utilize a personal restraint petition (PRP) to challenge prison disciplinary sanction ordering disciplinary segregation and lose of good time credits. Raymond McVay, a prisoner of the Washington State Penitentiary, …

False Evidence Meets Some Evidence Standard

Article • December 15, 2000 • from PLN December, 2000

Filed under: Disciplinary Hearings, False Charges (Disciplinary Hearings), Standard of Proof

False Evidence Meets Some Evidence Standard by The U.S. court of appeals for the Seventh Circuit held that even dubious evidence satisfies the "some evidence" standard of proof in prison disciplinary proceedings. The court also held that due process does not include a right to submit further evidence on appeal …

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 …

Segregation Requires Less Due Process

Article • November 15, 1998 • from PLN November, 1998

Filed under: Disciplinary Hearings, Liberty Interests, Witnesses (Disciplinary Hearings), Sanctions (Disciplinary Hearings), Standard of Proof, Habeas Corpus

Segregation Requires Less Due Process by The court of appeals for the Seventh circuit held that prisoners facing only the prospect of disciplinary segregation are entitled to less due process than when the sanction imposed involves the loss of good time credits. The court also questioned, but did not decide, …

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" …

More Evidence Required in Retaliatory Infractions

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

Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, Hearing Officers, False Charges (Disciplinary Hearings), Standard of Proof, Death Row

More Evidence Required in Retaliatory Infractions by The court of appeals for the ninth circuit held that when guards falsely accuse prisoners of misconduct in retaliation for the exercise of constitutional rights, the guard's accusation is not entitled to deference under the "some evidence" standard of review normally used in …

Iowa Grievance Retaliation Suit Set for Trial

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

Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, False Charges (Disciplinary Hearings), Standard of Proof, Administrative Exhaustion, Class Certification

Iowa Grievance Retaliation Suit Set for Trial by A federal district court in Iowa held that an Iowa DOC practice of punishing prisoners who filed grievances may violate the first amendment. The court also held that a higher standard of proof than the "some evidence" standard, was required before 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 …

Iowa Retaliation Verdict Affirmed

Article • June 15, 1997 • from PLN June, 1997

Filed under: Retaliation for Litigating, Retaliatory Transfers, Disciplinary Hearings, Informants (Disciplinary Hearings), Retaliatory Discipline, Standard of Proof, Damages

Iowa Retaliation Verdict Affirmed by In the March, 1994, issue of PLN we reported Goff v. Burton, 7 F.3d 734 (8th Cir. 1993) in which the eighth circuit court of appeals reversed a district court ruling in favor of George Goff, an Iowa prisoner who was retaliated against by prison …

Disciplinary Finding Must Be Supported by Reliable Evidence

Article • May 15, 1997 • from PLN May, 1997

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

Disciplinary Finding Must Be Supported by Reliable Evidence by The court of appeals for the seventh circuit held that while only "some evidence" is required to uphold a finding of guilt in a prison disciplinary hearing, that evidence must be reliable. Michael Meeks is an Indiana state prisoner who was …

Qualified Immunity for Infraction Suit

Article • May 15, 1997 • from PLN May, 1997

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Notice of Rules, Standard of Proof, Damages, Qualified Immunity

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 …

Evidence Required for Disciplinary Sanction, Sandin Questioned

Article • October 15, 1996 • from PLN October, 1996

Filed under: Disciplinary Hearings, Liberty Interests, Witnesses (Disciplinary Hearings), Standard of Proof, Written Findings, Habeas Corpus

Evidence Required for Disciplinary Sanction, Sandin Questioned by A federal district court in Indiana refused to dismiss a prisoner's habeas corpus petition challenging his disciplinary segregation because it was not clear what constituted a deprivation sufficient to invoke due process. A hearing officer's failure to indicate the evidence relied on …

Indiana Prisoners Not Entitled to Disciplinary Due Process

Article • June 15, 1996 • from PLN June, 1996

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Informants (Disciplinary Hearings), Sanctions (Disciplinary Hearings), Standard of Proof, Polygraphs

Indiana Prisoners Not Entitled to Disciplinary Due Process by In two separate rulings a federal district court in Indiana held that a prison disciplinary hearing committee does not have to provide any form of due process when it sentences a prisoner to long terms of disciplinary segregation. Lorenzo Stone-Bey, an …

Disciplinary Findings Must State Evidence Relied On

Article • April 15, 1996 • from PLN April, 1996

Filed under: Disciplinary Hearings, Disciplinary Litigation, Witnesses (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Written Findings, Appointment of Counsel

Disciplinary Findings Must State Evidence Relied On by A federal district court in Illinois held that a disciplinary committee's report finding a prisoner guilty of misconduct must state the charges the prisoner was found guilty of and the evidence supporting each of the charges. Alvin Oswalt, an Illinois state prisoner, …

Reversal of Disciplinary Hearing Doesn't Moot Suit

Article • December 15, 1995 • from PLN December, 1995

Filed under: Disciplinary Litigation, Notice of Hearing, Standard of Proof, Civil Procedure, Damages, Mootness, Service, Local Rules

Reversal of Disciplinary Hearing Doesn't Moot Suit by The court of appeals for the eighth circuit has held that a state court reversal of a prison disciplinary hearing does not preclude the prisoner filing suit for money damages in federal court. The appeals court also criticized and reversed the lower …

Some Evidence Must Support Guilty Finding

Article • September 15, 1995 • from PLN September, 1995

Filed under: Informants (Disciplinary Hearings), Witnesses (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Disciplinary Appeals, Immunity/Liability, Qualified Immunity, Supervisory Liability, Judicial Immunity

Some Evidence Must Support Guilty Finding by When prison officials violate clearly defined procedural due process standards in a prison disciplinary hearing, they are not immune from § 1983 liability. Frederick Gilbert is a New York state prisoner. After 25 tape decks and 37 AC adapters were stolen from the …