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Retaliatory Infraction States Claim by An Illinois district court has reaffirmed that prisoners retain a first amendment right to complain about prison conditions without fear of being subjected to retaliation by prison officials. Selma Geder, an Illinois state prisoner, filed numerous administrative grievances complaining about prison conditions. In retaliation for …
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 …
Article • December 15, 1994 • from PLN December, 1994
S.Ct. Grants Review in Prison Disciplinary Case by On October 7, 1994, the US Supreme Court announced that it had granted certiori in Sandin v. Conner, Case No. 93-1911. The case involves a Hawaii state prisoner who was infracted and found guilty of praying in Arabic. The district court dismissed …
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 …
Retaliation Case Dismissal Reversed by Muriel Black is an Illinois state prisoner. In 1984 he filed suit under § 1983 claiming that prison officials had violated his constitutional rights by filing false disciplinary charges against him, harassing him, etc., after he complained of racial discrimination at the prison. In 1985 …
2nd Cir. Declines to Rule on Informant Testimony by Jerome Russell is a New York state prisoner. He was infracted for allegedly assaulting another prisoner. At the disciplinary hearing the hearing, officer questioned the investigating guard who had provided statements from the victim and three informants who identified Russell as …
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 …
Eighth Circuit Clarifies Retaliation Standard by George Goff is an Iowa state prisoner. On January 15, 1990, another prisoner at a medium security facility reported being stabbed. Confidential informants allegedly told prison officials that Goff was the culprit. On January 19, 1990, the prison's warden and deputy warden were served …
Officials Must Assess Informant's Credibility by Kevin Richardson is a New York state prisoner. In 1985 he was infracted for allegedly stabbing James Caroline, another prisoner. At the disciplinary hearing Caroline submitted a statement on Richardson's behalf stating that Richardson was not the assailant. The hearing officer heard testimony, outside …
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 • August 15, 1993 • from PLN August, 1993
Some Evidence Standard Meets Due Process by Prison discipline imposed on the basis of "some evidence" that an inmate has violated prison regulations does not violate the fourteenth amendment's due process clause, a majority of the Court of Appeals for the Eighth Circuit held. In the prison setting, due process …
Article • January 15, 1993 • from PLN January, 1993
Generalized Written Statement of Hearing Committee Accepted, Where Evidence Clear by A disciplinary hearing committee's written decision saying it based its finding of guilt on "written reports and testimonies presented at the hearing" was constitutionally acceptable where that information could be interpreted only as either showing the charges (of verbal …
Hearing Officer Must Base Guilt Finding on Evidence by Hearing Officer Must Base Guilt Finding On Evidence Frank Zavaro is a New York state prisoner who was infracted for participating in a riot and assault on guards. A riot had broken out in a mess hall with several guards being …
Article • October 15, 1992 • from PLN October, 1992
Disciplinary Hearing Must Rely on Preponderance of Evidence by George Goff is an Iowa prisoner who was infracted for verbally abusing a guard. He was found guilty at a disciplinary hearing and filed suit under § 1983 claiming violation of his rights to free speech and due process. The district …
Article • January 15, 1991 • from PLN January, 1991
Failure to Disassociate Noninfractable by A prisoner sought judicial review of a disciplinary hearing finding him guilty of advocating, creating, engaging in or promoting a disturbance. There was indeed a disturbance, the court found, but a violation of the rule is only shown by an inmate engaging in "some affirmative …
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