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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, …

Seventh Circuit Discusses Sandin

Article • March 15, 1996 • from PLN March, 1996

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Informants (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Written Findings, Summary Judgment, Res Judicata

Seventh Circuit Discusses Sandin by In the August, 1995, issue of PLN we reported the supreme court's ruling in Sandin v. Conner , 115 S.Ct. 2293 (1995), which essentially gutted prisoners' right to due process in prison disciplinary hearings. Sandin opened up more questions than it purported to answer and …

AK Disciplinary Hearing Violates Due Process

Article • June 15, 1994 • from PLN June, 1994

Filed under: Disciplinary Hearings, Disciplinary Litigation, Witnesses (Disciplinary Hearings), Written Findings

AK Disciplinary Hearing Violates Due Process by Richard Brandon is an Alaska state prisoner. During a search of his cell prison guards found homemade liquor and a stolen radio. Brandon was infracted and found guilty at a disciplinary hearing and his administrative appeals were denied. Brandon filed an appeal with …

Evidence Must Support Disciplinary Charge

Article • October 15, 1993 • from PLN October, 1993

Filed under: Disciplinary Hearings, Liberty Interests, Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Written Findings

Evidence Must Support Disciplinary Charge by Lloyd Brown is a District of Columbia prisoner held at the Lorton prison in Virginia. Brown was infracted for throwing a fermented solution of milk, feces and urine in a guard's face. He was charged with assault and destruction of property, and three other …

Disciplinary Isolation Triggers Due Process

Article • August 15, 1993 • from PLN August, 1993

Filed under: Disciplinary Hearings, Liberty Interests, Sanctions (Disciplinary Hearings), Notice of Hearing, Written Findings

Disciplinary Isolation Triggers Due Process by Prisoners suffered a violation of their due process rights when they were ordered into disciplinary isolation with out the notice and hearing procedures outlines in Wolff v. McDonnell, 418 U.S. 539 (1974), the Massachusetts Supreme Court held. The less demanding procedures prescribed in Hewitt …

Generalized Written Statement of Hearing Committee Accepted, Where Evidence Clear

Article • January 15, 1993 • from PLN January, 1993

Filed under: Disciplinary Hearings, Standard of Proof, Written Findings

Generalized Written Statement of Hearing Committee Accepted, Where Evidence Clear by A disciplinary hearing committee's written decision saying it based its finding of guilt on "written reports and testimonies presented at the hearing" was constitutionally acceptable where that information could be interpreted only as either showing the charges (of verbal …

Written Findings of Disciplinary Hearing Held Inadequate

Article • December 15, 1991 • from PLN December, 1991

Filed under: Disciplinary Hearings, Written Findings

Written Findings of Disciplinary Hearing Held Inadequate by An Illinois prisoner launched a 1983 challenge to the prison disciplinary hearing committee's finding of guilt on several infractions, including one charging him with conspiracy to murder a Unit Manager. The civil rights complaint alleged a number of constitutional infirmities in the …