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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. …
Adequate Facts Must be Stated in 1983 Legal Mail Claim by The Eighth Circuit Court of Appeals affirmed a District Court's order dismissing a Missouri prisoner's 42.U.S.C §1983 action alleging retaliation and requiring him to open legal mail in front of prison officials, and the grant of summary judgment on …
Article • May 15, 2007
Fifth Amendment Not Violated By New Hampshire Sex Offender Program by The First Circuit Court of Appeals concluded that the New Hampshire DOC's Sex Offender Program (SOP) does not violate the Fifth Amendment right against self-incrimination. Wayne Ainsworth, along with a group of convicted sex offenders, became willing participants in …
Article • May 15, 2007
Federal Parolee Not Entitled To Immediate Revocation Hearing by The U.S. Supreme Court held that a federal parolee imprisoned for federal crimes that he committed while on parole had no constitutional right to an immediate parole revocation hearing. Petitioner originally received a 10-year sentence for a rape committed on an …
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 …
Article • May 15, 2007
Polygraph Results Admissible In Disciplinary Hearings But Additional Evidence Required by Polygraph Results Admissible In Disciplinary Hearings But Additional Evidence Required The U.S. Court of Appeals for the Seventh Circuit held that while polygraph evidence could be used in prison disciplinary hearings, polygraph evidence alone was insufficient to find a …
Prison Disciplinary Conviction Creates Property Interest by The U.S. District Court for the State of New Jersey held that a state prisoner was entitled to due process in determining the amount of restitution owed in connection with a prison disciplinary conviction: Alexander Artway, a NJ state prisoner, was charged with …
Article • May 15, 2007
No Right To Notification Within 30 Days Of Disciplinary Appeal by Michael Loveland, a prisoner at the Newport Correctional Facility (NCF), appealed a disciplinary decision to the Orleans Superior Court after the superintendent, Kathleen Lanman, failed to respond to his disciplinary appeal within 30 days of the date the appeal …
Article • May 15, 2007
FL Prisoner Can Seek Belated Appeal of Administrative Appeal Denial by Florida's Second District Court of Appeal held a Florida prisoner may seek belated review of an appeal of disciplinary action where denial of the appeal was signed eight days before it was mailed. The Court found the Hardee Correctional …
Article • May 15, 2007
Federal Release Notice Statute Constitutional; Applies to Drug Trafficker Released Early by Federal Release Notice Statute Constitutional; Applies to Drug Trafficker Released Early The Eighth Circuit Court of Appeals affirmed a Minnesota District Court's order dismissing a claim seeking declaratory judgment against a statute requiring that law enforcement be notified …
Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
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 …
Unidentified Prisoner Informant's Testimony Not Substantial Evidence by The New York Supreme Court, Appellate Division, Fourth Department, ordered a prisoner's disciplinary record expunged because the hearing officer's finding of guilt was not supported by substantial evidence. Kenneth Gaston, a New York state prisoner, was charged with organizing a food strike …
Article • May 15, 2007
No Liberty Interest in the Expectation of Parole by The United States Supreme Court ruled that a "liberty interest" does not attach to an expectation to be released on parole and a prisoner is not entitled to due process when anticipated parole is rescinded. George Van Curen, an Ohio Department …
Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement by Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement On November 2, 2001 two Michigan men who were wrongfully imprisoned for eight years before their convictions were overturned reached a $2.75 million partial settlement with the prosecuting county. …
United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies by United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies Alabama state prisoner Robert McCray filed a §1983 suit against state prison officials …
Article • May 15, 2007
Mandatory Language in Montana Parole Statute Creates Liberty Interest by The U.S. Supreme Court held that mandatory language in Montana's parole statutes created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its …
Article • May 15, 2007
Montana Parole Statute Creates Liberty Interest by The U.S. Court of Appeals for the Ninth Circuit held that Montana's parole statute created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its Chair …
Article • May 15, 2007
New Mexico: No Due Process Violation in Hearing by Phone by The Court of Appeals of New Mexico held that due process obligations in a parental rights termination hearing were met by allowing the child's father to participate by telephone; that the trial court was not obligated to make further …
Article • May 15, 2007
New York: Disciplinary Report's Erroneous Date Warrants Expungement of Charges by New York: Disciplinary Report's Erroneous Date Warrants Expungement of Charges The New York Supreme Court, Appellate Division, Fourth Department, held that an erroneous incident date on a disciplinary report warranted expungement of charges. State prisoner Clifford Howard was charged …
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