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Liberty Interest Created By Fine by A federal district court in Nevada held that a Nevada prisoner had no liberty interest in remaining free of one year of disciplinary segregation. The court also ruled that the prisoner had a property interest in money taken from his account for restitution and …
Article • November 15, 1998 • from PLN November, 1998
DC Circuit Resurrects Hewitt v. Helms by The court of appeals for the DC Circuit held that prisoners challenging placement in administrative segregation (ad seg) are not required to petition for habeas corpus relief. The case was remanded for further record development regarding what occurred at the prisoner's ad seg …
New Jersey DOC Required to Follow Own Rules by The appellate division of the superior court of New jersey held that a prisoner was entitled to reversal of a disciplinary sanction because the prison hearing officer disobeyed a court ordered prison rule requiring the prisoner to sign a form documenting …
Ad Seg May Require Due Process by The court of appeals for the second circuit held that a district court wrongly concluded that administrative segregation (ad seg), in and of itself, does not violate due process. The court held prisoner plaintiffs must be given an opportunity to develop a factual …
Habeas and 1983 Remedy for Disciplinary Hearings Discussed by The court of appeals for the seventh circuit discussed the application of habeas corpus and section 1983 challenges to prison disciplinary hearings. This is an extremely convoluted and confusing ruling, which the court acknowledged at the outset by noting that the …
Mississippi Detainees Awarded Damages in Disciplinary Suit by A federal district court in Mississippi held that the due process rights of two pre trial detainees were violated when they were placed in disciplinary segregation without a hearing. The court awarded each detainee $600 in damages. The court also taxed litigation …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
Segregation Enhancement May Violate Due Process by A federal district court in New York held that extending a prisoner's term in segregation without a hearing may violate his right to due process because it imposed an atypical hardship because this particular prisoner was almost seven feet tall and had difficulty …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
Article • April 15, 1996 • from PLN April, 1996
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Reversal of Disciplinary Hearing Doesn't Moot Suit by The court of appeals for the eighth circuit has held that a state court reversal of a prison disciplinary hearing does not preclude the prisoner filing suit for money damages in federal court. The appeals court also criticized and reversed the lower …
Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
Jail Detainee Entitled to Hearing by In 1986 Vincent McCann was a pretrial detainee in the mental health unit at the Orange County Correctional Facility (jail) in New York. A detainee complained to jail guards that other prisoners had thrown urine on him and were taunting him. After a cursory …
NV Disciplinary Seg Rules Create Liberty Interest by Andrew Walker was a federal prisoner housed in the Nevada state prison system. During a cell search guards found a knife in Walker's cell. After the knife was found, Walker was placed in segregation. Prison officials claimed it was administrative segregation (ad …
Article • April 15, 1994 • from PLN April, 1994
Wolff Hearing Required Before Detainees Punished by Ernest Walker is a pretrial detainee at the Navarro County Jail in Corsicana, Texas. Walker asked a jail guard to open his cell door so he could get some chips to eat. The guard refused and claimed Walker called him an obscene name. …
Disciplinary Isolation Triggers Due Process by Prisoners suffered a violation of their due process rights when they were ordered into disciplinary isolation with out the notice and hearing procedures outlines in Wolff v. McDonnell, 418 U.S. 539 (1974), the Massachusetts Supreme Court held. The less demanding procedures prescribed in Hewitt …
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 • December 15, 1992 • from PLN December, 1992
Due Process Requires Hearing Before Punishment by Keith Brown-El is a prisoner at the Missouri State Penitentiary (MSP). He was infracted for staying in bed during count and staying in the shower too long. He was found guilty at a disciplinary hearing and sentenced to segregation, transferred to another prison …
Prisoner Victims of Guard Assault Win Damages by Prisoner Victims Of Guard Assault Win Damages Ten prisoners in the D.C. jail learned they were being transferred to another facility. A number of the inmates passively resisted the transfer. They alleged that after the transfer, they were beaten by correctional officers. …
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