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Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Article • June 15, 2008
Mental State Matters, But Not a Defense, In Prison Disciplinary Proceeding by On October 16, 1990, the Court of Appeals of New York held that, although a prison disciplinary hearing officer must consider the prisoner's mental state as a potential mitigation factor for punishment, mental state was not an affirmative …
Article • June 15, 2008
Michigan Prison Disciplinary Decisions not Subject to FOIA by Raymond Walen and David Desorcy (Prisoners) Michigan state prisoners, sued guards in state court under the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.) to compel inspection of decisions …
Article • June 15, 2008
Michigan Prisoner Awarded $500 for DOC's Violation of FOIA by Timothy Kincaid, a Michigan state prisoner, sued the state Department of Corrections (DOC) in state court under the state Freedom of information Act (FOIA), Mich. Comp. Laws 15.231 et sec, to compel disclosure of his disciplinary records. The trial court …
Article • May 15, 2008
Denial of Food, Visits for Refusing to Shave Upheld by Allegations of the denial of one visit and seven or eight meals over a period of a month, without an allegation of denial of a minimally nutritious diet, was frivolous (The plaintiff was denied food and visits because he had …
Article • May 15, 2008
Heck Bars Parole Challenge Absent Habeas Relief by Under Heck v. Humphrey and progeny, the plaintiff cannot challenge his parole revocation via 1983 or 1985 without first obtaining relief in a state forum or via federal habeas corpus. The court observes that a majority in Spencer v. Kemna said that …
Tennessee Court Enjoins Prisoner's Litigation by The court publishes its order re filing fees, finds the case frivolous, declares the plaintiff subject to the three strikes rule, and then imposes a requirement that she seek leave of court to file any future actions The court says that 1915(g) has lowered …
Article • May 15, 2008
No Liberty Interest In New Jersey Work Release by The plaintiff was on work release and living in a halfway house; he was removed from the program for drinking. He was later found not guilty, but he was not returned to the halfway house, and received no hearing to determine …
Court Upholds Kansas Sex Offender Treatment Protocol by The plaintiff, who pleaded nolo contendere to sexual exploitation of a child, was assigned to a Sexual Abuse Treatment Program, which requires that he sign an "Admission of Responsibility" form, listing all past behavior, charged or uncharged, that might have been a …
Ninth Circuit Upholds Discipline of Immigration Prisoner; PLRA Does Not Apply by The plaintiff, an immigration detainee, was in the law library when some visitors came in, and he made some disparaging remarks about the institution, handed them a flyer, and suggested they could not believe what officials told them. …
Article • May 15, 2008
Court Dismissed Suit Over Reversed Disciplinary Charges by The plaintiff says that the defendants were responsible for issuing disciplinary reports against him that were overturned. At 1351: "Defendants correctly concede that such a claim may be cognizable under 1983 if the Reports resulted in the lengthening of Plaintiff's term of …
Article • May 15, 2008
Heck Bars Suit Over Improper Parole Records by The plaintiff complained that various agencies failed to amend an incorrect statement in his pre-sentence report, which was in his prison records, and which resulted in his being denied parole. He asked inter alia for an "immediate parole board interview." The court …
Article • May 15, 2008
Seventh Circuit Discusses Heck and Court Access Claims by The plaintiff sought damages for defendants' hindrance of his efforts to litigate a state court collateral attack on his conviction. The rule of Heck v. Humphrey, "which forbids a convicted person to seek damages on any theory that implies that his …
Court Terminates 1975 Minnesota Disciplinary Hearing Consent Decree by The court terminates 1975 consent judgment concerning disciplinary due process At 1007: A "Federal right" does not include rights established by consent decrees There is no evidence of current or ongoing violations Plaintiffs suggested that further investigation might uncover some, but …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
Brief • February 18, 2008
Filed under: Malicious Prosecution
Sykes v Anderson, et al., MI, Plf Supp Trial Brief, malicious prosecution, 2008 Case 2:05-cv-71199-NGE-RSW Document 169 Filed 02/18/2008 Page 1 of 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIMBERLY SYKES, Plaintiff, Case No. 05-71199 Honorable Nancy G. Edmunds Magistrate Judge R. Steven Whalen vs. DERRICK …
Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the Secretary of the Washington State Department of Corrections (WDOC) was qualifiedly immune from suit by prisoners who claimed …
Videotape Confidentiality Claim Requires Specifics of Reasoning for Review by A New Jersey Superior Court, Appellate Division, has held that a generalized confidentiality assertion by the Department of Corrections (DOC) was improper, and the DOC must present sufficient evidence to enable the court to review its confidentiality claim. The ruling …
Article • January 15, 2008
Non-English Speaking Fed Prisoner Entitled to Representative at Prison Disciplinary Hearing by In 1976, Aharon Ron, a federal prisoner in Lexington, Kentucky, was found hiding in a barn with his visitor. He was infracted for being in an unauthorized area. Ron didn't understand English very well and, when presented with …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
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