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Admin Reversal Doesn't Affect Disciplinary Hearing Suit by Robert Walker is a New York state prisoner. During a search of Walker's cell prison guards found a knife and excess bedding and infracted him for their possession. At his disciplinary hearing Walker pleaded not guilty and maintained the knife and bedding …
Article • September 15, 1994 • from PLN September, 1994
S.Ct. Distinguishes Habeas and Section 1983 by The two most common suits filed by state prisoners in federal courts are 28 U.S.C. § 2254 habeas corpus petitions which challenge the length or legality of confinement and 42 U.S.C. § 1983 suits which seek money damages for civil rights violations. There …
How to Win Disciplinary Hearings (Book Review) by Mark Cook How To Win Disciplinary Hearings (Book Review) Reviewed by Mark Cook HTW is a manual for federal prisoners written by former federal prisoner Allan Parmelee. This gives the manual integrity from the git go but keep in mind that the …
WA Prisoners Must Exhaust State Remedies by John Dewyer is a Washington state prisoner. He is serving a determinate, SRA sentence. At a prison disciplinary hearing he was found guilty of an unspecified offense and sanctioned by 15 days of segregation and 30 days loss of good time, the latter …
CO Affirms Right to Impartial Hearing Board by C. Frank Villa is a Colorado state prisoner. He was infracted for allegedly throwing food at a prison guard. At his disciplinary hearing Villa learned that the guard in question, who also issued the disciplinary report, had phoned one of the disciplinary …
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 …
Article • May 15, 1994 • from PLN May, 1994
OK State Courts Can Hear Prison Suits by Dennis Waldon is an Oklahoma state prisoner. He was infracted and punished in a prison disciplinary hearing resulting in the loss of one hundred days of good time credits. Waldon filed a writ of habeas corpus and/or mandamus in the Alfalfa County …
Stay of Suit Not Appealable by Oscar Bean is a Missouri state prisoner. He filed suit claiming he was denied due process at a disciplinary hearing accusing him of assault. He sought declaratory relief, damages and attorneys fees. The district court granted the defendants' motion to stay Bean's suit for …
BOP Suits Require Administrative Exhaustion by John Rourke is a federal prisoner. He filed suit seeking injunctive relief alleging that prison officials had denied him medical care and arbitrarily imposed disciplinary sanctions against him. The district court dismissed the suit without prejudice as frivolous, before service on the defendants, holding …
Excluding Alibi Witness Unconstitutional by Kelvin Moye is a New York state prisoner. He was infracted for stabbing another prisoner. At his disciplinary hearing Moye requested a statement from a prisoner whose testimony would indicate that Moye could not have committed the stabbing. The hearing officer refused to obtain a …
No Cause of Action in Reversed Disciplinary Sanction by Victor Sowell is a New York state prisoner. He was infracted for inciting a riot, assault and disobeying a direct order. He was transferred to a different prison and placed in segregation prior to his disciplinary hearing. At the hearing Sowell …
Section 1983 Not Estopped by State Court Ruling by Santiago Ramirez is a New York state prisoner. An informant told a prison sergeant that Ramirez had a shank concealed in his cell. Acting on this information Ramirez's cell was searched and a shank was found. Ramirez was infracted and at …
Prisoners Retain Right of Bodily Privacy by Male Georgia state prisoners filed suit concerning the assignment of female prison guards to prison living units. The prisoners claim that the female guards act unprofessionally when they view male prisoners in their undershorts, showering and using the toilet. They claim that the …
Disobeying State Court Order Basis for Section 1983 Liability by Ernest Walters is an Iowa state prisoner. He was infracted for allegedly lying to a guard. He was found guilty at a disciplinary hearing and punished. Walters filed a post conviction action in state court and won a default judgement …
Illinois Tolling Statute Unconstitutional by Until 1987 Illinois prisoners had until two years after they were released from prison in which to file lawsuits. Any statute of limitations was tolled by imprisonment. In 1987 the Illinois legislature modified Illinois Rev. Statute ch. 110, ¶ 13-211, so that claims by prisoners …
Wisconsin Lacks Adequate State Remedies for Due Process Violations by Varees Smith is a Wisconsin state prisoner. He was infracted for allegedly charging another prisoner to do legal work. He filed suit under § 1983 claiming his due process rights were violated when a disciplinary hearing was held without notice …
Article • March 15, 1993 • from PLN March, 1993
Section 1983 Proper Remedy for Disiplinary Violations by Two Arizona state prisoners were found guilty of drug use at a disciplinary hearing and lost 2 years of good time credits, did 15 days in isolation, lost privileges, were moved to higher security levels, and placed on a more restrictive parole …
Article • December 15, 1992 • from PLN December, 1992
BOP Prisoners Don't Need to Exhaust Administrative Remedies by BOP Prisoners Don't Need To Exhaust Administrative Remedies Donald Cooney is a federal prisoner who was infracted for insolence to a staff member, found guilty and removed from his job position as a sanction. Cooney began an administrative review of the …
Prisoners Entitled to Exculpatory Evidence In Disciplinary Hearings by Prisoners Entitled To Exculpatory Evidence In Disciplinary Hearings Four prisoners at the U.S. Penitentiary at Marion, IL., were accused of murdering another prisoner. They were infracted and found "guilty" of the murder at a prison disciplinary hearing. Prior to the hearing …
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