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Edwards v. Balisok: A Partial Victory for Prisoners by David C Fathi by David C. Fathi On May 19, 1997, the United States Supreme Court decided Edwards v. Balisok, 520 U.S. 117 S.Ct. 1584 (1997). Although the Court reversed a favorable decision by the U.S. Court of Appeals for the …
Disciplinary Finding Must Be Supported by Reliable Evidence by The court of appeals for the seventh circuit held that while only "some evidence" is required to uphold a finding of guilt in a prison disciplinary hearing, that evidence must be reliable. Michael Meeks is an Indiana state prisoner who was …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
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 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 …
Some Evidence Must Support Guilty Finding by When prison officials violate clearly defined procedural due process standards in a prison disciplinary hearing, they are not immune from § 1983 liability. Frederick Gilbert is a New York state prisoner. After 25 tape decks and 37 AC adapters were stolen from the …
Disciplinary Evidence Must be Reliable by Michael Walsh is a New York state prisoner. He was infracted for allegedly exposing himself to and threatening a prison guard. At the disciplinary hearing, Walsh called as a witness another guard who had co-signed the infraction report. The guard testified that she was …
Altered Disciplinary Evidence Violates Due Process by John Grillo is a New York state prisoner. He was infracted after a urinalysis allegedly showed he was positive for the use of opiates. He was found guilty at the disciplinary hearing and sentenced to 360 days in segregation and the loss of …
Evidence Must Support Disciplinary Charge by Indiana is unique in that it does not provide any state court remedy for prisoners who lose good time in prison disciplinary hearings. As a result, Indiana state prisoners seeking the restoration of lost good time or expungement of infractions must file directly in …
Article • November 15, 1993 • from PLN November, 1993
Chain of Custody on Urine Sample by Federal courts in New York have held that due process requires a prison disciplinary body to establish a reasonably reliable chain of custody as a foundation for introducing the results of urinalysis tests into evidence at prison disciplinary hearings. This chain of custody …
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 …
Article • December 15, 1992 • from PLN December, 1992
Physical Evidence Need Not be Preserved For Hearing by Physical Evidence Need Not Be Preserved For Hearing Eddie Griffin is a Pennsylvania state prisoner. During a cell search prison guards found about 15 gallons of fermented beverages in his cell. The guards ordered Griffin to flush the liquids down the …
Article • December 15, 1992 • from PLN December, 1992
Prisoner Has No Right to Independent Drug Test by Prisoner Has No Right To Independent Drug Test Rick Koenig is an Arizona prisoner who tested positive for marijuana use in an ADx urine test. He was infracted for drug use. Prior to his disciplinary hearing Koenig requested a gas liquid …
Expungement of Infraction Reversed by Michael Elkin is a New Jersey state prisoner. During the process of obtaining and testing a urine sample from Elkin, prison officials did not comply with the terms of a consent decree requiring urine samples to have a "continuity of evidence" attached and completed. Elkin …
Test for Calling Witnesses at Disciplinary Hearing by An inmate was found guilty of fighting and creating a dangerous disturbance on the basis of his being identified in a photo of the fight by an unidentified person. At the disciplinary hearing, he denied the charges and requested the name of …
Informant Testimony Must be Independently Weighed by Informant Testimony Must Be Independently Weighed Spellmon Bey is a Texas prisoner who was infracted for threatening other prisoners in order to extort commissary and sexual favors from them. The infraction was written by the unit captain, based on informant testimony, and listed …
Article • January 15, 1992 • from PLN January, 1992
Non-Specific Infractions Violated Due Process by Two prisoners found guilty of participation in "violent group conduct" challenged the sufficiency of the evidence presented at their hearings to establish their guilt. The principal evidence utilized were written misconduct reports stating that all inmates present in a mess hall (numbering around 140) …
Evidence Must Be Presented at Disciplinary Hearing by Evidence Must Be Presented At Disciplinary Hearing Eddie Griffin, a Pennsylvania state prisoners was infracted for possessing a fermented beverage. Prison guards destroyed the liquid in question prior to the disciplinary hearing. At the hearing Griffin was found "guilty" solely on 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 …
Prisoners Allowed to See Evidence Against Them by Prisoners Allowed To See Evidence Against Them A federal prisoner in Pennsylvania was infracted and charged with making threats of bodily harm to another prisoner and refusing a cell assignment. The threats were supposedly made in a letter Young, the prisoner, gave …
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