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Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions by Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions The Seventh Circuit U.S. Court of Appeals held that a prisoner who sued guards for allegedly brutally injuring him during an …
Article • October 15, 2008 • from PLN October, 2008
$45,000 Awarded to Probationer Subject to Overzealous Probation Officer by $45,000 Awarded to Probationer Subject to Overzealous Probation Officer An arbitrator awarded Washington State probationer Mark S. Rice $44,515 in a claim alleging negligence, emotional distress, and aggravation of a preexisting elbow injury. Washington Department of Corrections Community Corrections Officer …
Article • October 15, 2008 • from PLN October, 2008
New York Mail Rule Disciplinary Conviction Reversed by The Appellate Division, Fourth Department, of the New York Supreme Court has ordered the removal from a prisoner’s institutional record of a misbehavior report for failing to comply with correspondence rules. Curtis Davis, a prisoner at New York’s Attica prison, commenced an …
Article • September 15, 2008 • from PLN September, 2008
Sixth Circuit Upholds Dismissal of Challenge to Ohio Parole System by Matthew Clarke by Matt Clarke The Sixth Circuit court of appeals upheld the district court’s dismissal of a challenge to the Ohio parole system brought by Ohio attorney Norman Sirak. This is a civil rights action under 42 U.S.C. …
Fifth Circuit: Texas Prisoners Cannot be Disciplined for Trust Fund Deposits Initiated by Others by Matthew Clarke by Matthew T. Clarke The Fifth Circuit Court of Appeals held that prison officials must introduce evidence that a prisoner participated in a monetary transfer before they can discipline him for trafficking and …
Retaliation Claim Not Barred by Heck by The Sixth Circuit Court of Appeals has held a prisoner’s 42 U.S.C. § 1983 action is not barred when a victory for the prisoner “would have at most the potential to decrease his period of detention,” in a case where the prisoner “alleged …
Article • August 15, 2008
Rule Banning Litigation “Threats” May be Unconstitutional by The plaintiff lost good time for violating a rule that prohibited inmates from threatening employees with litigation during "confrontation situations." The panel opinion, 121 F.3d 222 (5th Cir. 1997), held that the claim concerning the disciplinary proceeding is barred by Preiser and …
Loss of Disciplinary Witness Testimony Okay by The court assumes that 600 days in SHU is a deprivation of liberty but dismissed the plaintiff's due process claim on other grounds. The temporary loss of the taped testimony of a witness--the victim of the alleged assault--who was interviewed in the hospital …
Article • August 15, 2008
Failure to State Claim Dismissal Reviewed De Novo by The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge. …
Article • August 15, 2008
NY Good Time Deprivation Challenge Must be Under Habeas by The Time Allowance Committee deprived the plaintiff of good time on two occasions, one involving several prior disciplinary convictions and the other involving a single conviction. The plaintiff may not challenge this deprivation via 1983; it must be pursued via …
No Due Process Required for Nutraloaf or Plexiglas Cell Placement by Placement of the plaintiff in a cell with a Plexiglas shield and imposition of a restricted diet ("Nutriloaf") as a sanction for repeatedly throwing feces at staff did not violate the Eighth Amendment. The claim is governed by the …
No Sexual Assault Claim Based on Abusive Metal Detector Search by The plaintiff alleged that an officer shoved a hand-held metal detector between his buttocks. He was fully clothed. He was later issued a one-day deprivation order and a misbehavior report for refusing a direct order, violating frisk procedures, and …
Article • August 15, 2008
No Liberty Interest in New Jersey Work Release by The plaintiff was charged with drinking when he returned to a work release facility; he was found not guilty at a disciplinary hearing. (Some officers said he acted and smelled drunk, others did not, and the doctor said he did not …
Article • August 15, 2008
Informant’s Identity Not Disclosed in Disciplinary Hearing by The plaintiff in a disciplinary due process case sought disclosure of the identity of a confidential informant. The court denies it because it could endanger the informant's life and undermine security. Also, since the issue is whether 104 days in segregation was …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
Article • August 15, 2008
Retaliatory Discipline Suit Dismissed by The plaintiff alleged that he was disciplined and transferred in retaliation for conduct protected by the First Amendment. The defendants are granted summary judgment based on uncontroverted affidavits that they were not personally involved. The correction officer who issued the allegedly false misbehavior report was …
Article • August 15, 2008
No Liberty Interest in DC Prisoners Transfer to BOP by The plaintiff has no liberty interest in his security classification, nor does he allege atypical and significant hardships resulting from it, so he has no due process claim. Nor does he have an equal protection claim with respect to prisoners …
Ninth Circuit Explains Limitations on Police Beating, Prosecution Claims by The plaintiff's malicious prosecution claim did not accrue until his criminal charges were resolved favorably, and the limitations period did not begin to run until then. The statute began to run on his use of force claim at the time …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Article • August 15, 2008
Resisting Arrest Conviction Does not Bar Beating Suit by A conviction for resisting arrest did not bar a claim for excessive force during arrest under the rule of Heck v. Humphrey, since the lawfulness of the arrest (an element of the criminal offense) need not be negated for the plaintiff …
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