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Article • May 15, 2007
NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 by NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 Donald Griffin, a New York state prisoner, was found guilty of drug use, based on an allegedly flawed urinalysis, …
Writ Deemed Filed When Handed to Prison Officials by The Florida First District Court of Appeal has quashed a trial court's order dismissing as untimely a prisoner's petition for mandamus challenging a disciplinary hearing conviction. The prisoner's grievance denial was rendered on April 11, 1997, and the mandamus petition bore …
Delaware Force Suit Dismissed by The plaintiff resisted when staff tried to place chains and a padlock on his cell door, and force was used against him. He filed one grievance about alleged excessive force and resulting medical problems, and a second grievance about the placement of chains on his …
Article • May 15, 2007
AEDPA Applies to Disciplinary Habeas Petitions by A prisoner who has received a lawful disciplinary hearing is not entitled to another hearing on an administrative appeal challenging the conviction and sanction. Under AEDPA, state prisoners' habeas corpus petitions must challenge decisions that are contrary to Supreme Court precedent or involved …
No Heck Bar to Disciplinary Challenge Not Involving Good Time by The Spanish-speaking plaintiff alleged that he was disciplined for failing to obey an order given in English. The district court dismissed without prejudice the claim against the officer who wrote the disciplinary charge for lack of personal involvement. The …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Article • May 15, 2007
Disciplinary Appeal Based on Same Facts May Exhaust Beating Claims Too by Defendants say the plaintiff failed to appeal to the highest level of the grievance process. However, plaintiff says he filed a grievance but DOCS failed to act on his complaints. He has sought discovery but defendants have refused. …
No Immunity In Denial Of Presence During Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the US District Court did not properly address the qualified immunity defense of Department Of Corrections (DOC) officials. A prisoner at the Green Haven Correctional Facility in New York …
WA Prisoner Gets Major Infractions Expunged And Good Time Restored After Filing PRP by The Washington State Court of Appeals, Division 3., dismissed the Personal Restraint Petition (PRP), of Waldo E. Waldron-Ramsey, after the Washington Department of Corrections (WDOC), expunged the infraction's he had been found guilty of, and restored …
WA Prisoner Gets Major Infraction Dismissed After Filing PRP by Rahih Aboul-Hosn, a Washington state prisoner, filed a Personal Restraint Petition (PRP), in the Washington Court of Appeals, Division I, claiming that his due process rights were violated at a major infraction hearing, for an infraction he received while at …
BOP Good Time Credit Pro-Rated for Disciplinary Loss by The court of appeals for the Seventh circuit affirmed a district court ruling the federal prison officials in Illinois must properly compute the good time earned by federal prisoners when that good time is forfeited as a result of prison disciplinary …
Article • May 15, 2007
Prison Disciplinary Issues Must Be Raised in Administrative Appeal by Jon Michael Withrow The Seventh Circuit Court of Appeals upheld a decision in a prison disciplinary proceeding, finding "some evidence" to support the disciplinary board's decision of guilty and that prisoner's due process claim on the board's boilerplate reason for …
US Supreme Court Holds Forced Drugging of Mentally Ill Prisoner Not Unconstitutional by The U.S. Supreme Court held that the forced medication of a mentally ill prisoner did not violate substantive due process, nor was the issue moot merely because the prisoner was not currently being forcibly medicated. A Washington …
Indiana Prisoner's CAB Conviction for Tobacco Trafficking Supported by Evidence by The U.S. Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana in denying habeas corpus relief to an Indiana prisoner convicted of tobacco trafficking in a prison disciplinary hearing. Tim Godby, an …
Indiana Prisoner's Tobacco Trafficking Conviction Upheld; Habeas Corpus Denied by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, denied habeas corpus relief to an Indiana state prisoner convicted of trafficking in tobacco. James Hupson is a prisoner at the Miami …
Article • May 15, 2007
Pennsylvania Prisoner Allowed Untimely Appeal Of Disciplinary Decision by The Commonwealth Court of Pennsylvania held that a state prisoner should be allowed to file an out of time appeal because he had received no answer regarding the administrative disposition of his appeal of a disciplinary decision. Eric Tulio, a prisoner …
Jury Finds CT Prisoner Denied Disciplinary Due Process by The plaintiff was summoned to a disciplinary hearing, got there late, and discovered it had been held without him and he had been found guilty. He asked to be heard and tried to get the hearing officer's attention; he was maced …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Florida Prisoner's Disciplinary Challenges Reversed for Further Proceedings by Two separate Florida District Court of Appeals decisions have reversed the dismissal of two prisoners' civil actions that challenged disciplinary reports. Prisoner Craig A. Savery was disciplined for possession of narcotics. Savery's initial appeal to Tomoka Correctional Institution's Warden was denied. …
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