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Washington Infraction Invalid Where No Notice of Prohibited Conduct Given by The Washington Court of Appeals recently held that due process requires prior notification of prohibited conduct before prison officials may infract and punish prisoners for engaging in such behavior. Because the court found that the prisoner in the case …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that could have an impact on prisoners who provide (free of charge) legal assistance to other prisoners. In this column, I discuss this new case and its implications. In April, the Court unanimously decided that …
Welfare Retaliation Suit Reinstated by Walter Friedl, a New York state prisoner, filed a §1983 action complaining that New York City and State officials had improperly revoked his work release program and reincarcerated him because he applied for welfare benefits. The City of New York settled for $20,000 while the …
New York Prayer Rule Struck Down by by Matthew T. Clarke The Second Circuit court of ap- peals has held that Rule 105.11 of the New York State Department of Corrections Services (DOCS) Standards of Inmate Behavior (the Rules) violates the Due Process Clause of the Fifth Amendment when used …
Colorado Contraband Rule Requires Visitor Notice by The Colorado supreme court held that a state statute criminalizing the introduction of contraband into county jails was constitutional but affirmed dismissal of criminal charges because the jail failed to comply with the statute's notice requirements. Thomas Holmes, an attorney, was charged with …
Article • September 15, 1998 • from PLN September, 1998
Kansas Prisoners Entitled to Notice of Prison Rules by The Kansas state court of appeals held that Kansas prisoners have a due process liberty interest in their good time credits and are entitled to notice of prison rules before they can be punished for violating them. Xuan Hiep Le is …
Qualified Immunity for Infraction Suit by The court of appeals for the eighth circuit held that a district court erred when it found prison officials liable and awarded a prisoner damages after the court found no evidence supported a disciplinary committee's finding of guilt. The court also held that prisoners …
Newell Superseded by In the April, 1996, issue of PLN we reported Newell v. Sauser, 64 F.3d 1416 (9th Cir. 1995) which held that Alaska prison officials were not entitled to qualified immunity for infracting a prisoner who had another prisoner's legal papers in his cell. On March 11, 1996, …
Grievance Discipline Struck Down by The court of appeals for the ninth circuit affirmed a lower court ruling that found Oregon DOC rules that punished prisoners for using hostile, sexual, abusive or threatening language in their written grievances to be unconstitutional. Jeff Bradley, an Oregon state prisoner, was infracted for …
Jailhouse Lawyers Retain Right to Assist Prisoners by The court of appeals for the ninth circuit has held that prison officials are not entitled to qualified immunity when they punish a jailhouse lawyer for assisting another prisoner. Terry Newell, an Alaska state prisoner, was employed as a prison law library …
Outgoing Mail Censorship Illegal by A district court has reaffirmed the long-standing principle that the censorship of outgoing prisoner mail rarely implicates prison security interests. Donald Gee, a Wyoming state prisoner, wrote a letter to his brother about his conditions of confinement, that he was being retaliated against by prison …
Article • September 15, 1994 • from PLN September, 1994
Disciplinary Guilty Plea No Waiver to Suit by Joe Reeves is a Texas state prisoner. He was infracted for placing his food tray outside his cell in the segregation unit. A prison rule required that food trays remain inside prisoner's cells until collected by guards. Reeves had received no notice …
English Only Rule for Prayer Illegal by DeMont Conner is a Hawaii state prisoner. He filed suit under section 1983 claiming prison officials had violated his due process rights by punishing him for praying in Arabic with another prisoner and that the disciplinary hearing itself did not comport with due …
Evidence Required to Sustain Disciplinary Ruling by Robert Nicholson is a Rhode Island state prisoner. In 1988 he told prison officials and state police investigators that he had been assaulted by two prison guards. His complaint was later investigated by the FBI and Department of Justice (DOJ). The DOJ concluded …
Lack of Shower/Bathroom Curtains Violate Privacy by Douglas Arey is a Maryland State prisoner. While at a recently built pre release center he complained that the lack of shower curtains and bathroom partitions, which allowed female guards to observe his genitals, violated his right to privacy. Prison officials took no …
Prisoners Win Suit Over Circulating Petition by Dennis Wolfel and three other Ohio state prisoners, including longtime PLN supporter John Perotti, were infracted and disciplined for circulating a petition complaining of brutal prison conditions. The petition was going to be sent to Amnesty International, the international human rights group, to …
BOP Agency for APA Purposes by Garvin White was a federal prisoner at Leavanworth who was accused of attempting to escape and was transferred to Marion. At Marion he was infracted for the attempted escape. The hearing officer did not render a verdict until 4 months after White's arrival at …
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 …
Article • October 15, 1991 • from PLN October, 1991
Prisoner Allowed to Possess Petition by Prisoner Allowed To Possess Petition A New York state prisoner at Attica was infracted after prison guards found and confiscated a petition complaining of prison conditions in his cell. The prisoner was infracted for possessing the petition even though no prison rule or regulation …
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