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Washington DOC Pays $1,200 in Retaliation Suit by On August 2, 1999, Leonard Richardson was paid $1,200 by the State of Washington and the Department of Corrections. In July of 1995, Richardson was confined at the McNeil Island Corrections Center in Steilacoom, Washington. While there at MICC, Richardson filed several …
Prisoner Stated Claim Due Process, Conditions Of Confinement Suit by The U.S. Court of Appeals for the Fifth Circuit held that a Montgomery County, Texas, jail prisoner's pro se §1983 action alleging Eighth and Fourteenth Amendment violations stemming from his confinement in solitary and the conditions thereof stated a claim. …
Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations by Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations The Ninth Circuit Court of Appeals held a parolee has a right to cross- examine witnesses at a parole revocation hearing on charges …
Prisoner Presence at Disciplinary Hearing During Favorable Testimony Constitutionally Required by Prisoner Presence at Disciplinary Hearing During Favorable Testimony Constitutionally Required A New York federal district court held a prisoner is entitled to be present during the introduction of favorable testimony at a disciplinary hearing. This 42 U.S.C. § 1983 …
New York: Witness Testimony Issues Violated Due Process by The New York Supreme Court, Appellate Division, Third Department, held that a prisoner's Constitutional and state due process rights had been violated by disciplinary hearing procedures related to witness testimony. Douglas Burke, a prisoner at the Auburn Correctional Facility in New …
Article • May 15, 2007
FL Disciplinary Team member Cannot be Witness to Violation by The First District Court of Appeal in Florida reversed a circuit court's denial of a petition for writ of mandamus, which alleged a member of the disciplinary hearing team was not impartial because he was the sole witness to crucial …
Article • May 15, 2007
FL Investigator Must Interview Requested, Unknown Witness in Disciplinary Hearing by FL Investigator Must Interview Requested, Unknown Witness in Disciplinary Hearing Florida's First District Court of Appeal held that a prisoner who requested, as witnesses to his disciplinary infraction, prisoners in the cells adjacent to his own administrative confinement cell, …
Article • May 15, 2007
FL Prisoner's Mandamus Petition Must Detail Facts Supporting Witness Denial at Disciplinary Hearing by FL Prisoner's Mandamus Petition Must Detail Facts Supporting Witness Denial at Disciplinary Hearing Florida's First District Court of Appeal held that a prisoner bringing a petition for a writ of mandamus alleging the denial of witnesses …
Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed by Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed In this case involving a prison disciplinary proceeding, the Tennessee Court of Appeals held that material factual disputes surrounding a prisoner's waiver of his right to 24-hour notice and …
§ 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied by § 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied A Federal District Court in New York has held a prisoner's conditions of confinement and good time revocation claims stemming from …
Federal Court Clarifies Texas Prisoners' Disciplinary Appeal Rights by by Matthew T. Clarke A federal district court in Austin, Texas, held that: (1) pending administrative remedies toll the 28 U.S.C. §2254(d)(2) one-year limitations period; (2) a prisoner's transfer to another prison is not a valid reason to deny him as …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Prisoner's Disciplinary Conviction for Possession of Unauthorized Medication Affirmed by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court of Minnesota, held that a federal prisoner could be disciplined for possessing psychotropic medications at one prison that were prescribed for him at a different prison. Daniel Wesley …
Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate by Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate The U.S. Court of Appeals for the Third Circuit held that prison officials had violated a prisoner's First Amendment rights by disciplining him for writing a letter of complaint …
Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations by Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations In the review of a district court's enforcement of an injunction governing disciplinary proceedings at New York's Bedford Hills Correctional Facility (BHCF) for women, the Second Circuit …
Written Statements Supports Disciplinary Sanctions by The plaintiff sought a writ of habeas corpus challenging his disciplinary conviction for attempting to traffic in contraband, which resulted in a loss of good time. Indiana prisoners have a liberty interest in earned good time and in maintaining their classification for purposes of …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
Loss of Sentence Reduction for Positive Drug Test Upheld by The petitioner was prescribed an opiate for medical reasons and the next day tested positive for cocaine metabolites. The plaintiff was not denied due process by the failure to call the doctor who prescribed the opiate as a witness at …
Sixth Circuit Orders Reconsideration of Attorney Fees Claim in Drug Testing Case by The U.S. Sixth Circuit Court of Appeals held that use of the enzyme multiplied immunoassay technique (EMIT) urine test for detecting prisoners' consumption of illegal drugs did not violate due process and did not violate terms of …
Denial of Disciplinary Nearing Witnesses Illegal; $250 Damages Awarded by The court of appeals for the Eighth circuit held that it violates due process for prison disciplinary hearing officers to refuse to call witnesses for the hearing. District court ruled in Iowa prisoner's favor and awarded $250 in damages where …
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