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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to an expectation to be released on parole and a prisoner is not entitled to due process when anticipated parole is rescinded.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 …
Article • May 15, 2007
New York: Liberty Interest in Work Release by The New York Supreme Court, New York County, held that a prisoner's removal from a work release program without allowing him to participate in the hearing violated due process. While on work release, state prisoner Simon Anderson submitted a urinalysis that allegedly …
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 …
FL Ad-Seg Rules May Create Liberty Interest by The court of appeals for the Fifth Circuit held that regulations at the Florida State Prison in Starke may create a due process liberty interest. The regulations at issue provided for the placement of a prisoner on Close Management (CM) confinement. The …
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 Must Know Illicit Nature of Substance to Possess Drugs by Florida's Fifth Circuit Court of Appeal held that to be convicted of possession of contraband in a prison, predicated on possession of marijuana, the prisoner must not only possess the substance but must also be aware of the …
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 …
Article • May 15, 2007
FL Prisoners May Have Right to Notice and Hearing Before Transfer by The Court of Appeals for the Fifth Circuit reversed and remanded a Florida prisoner's complaint that alleged he was transferred from a medium security prison to a close custody confinement prison without notice or a hearing. The court …
Immunity Granted to Sex Offenders in Treatment by The Wisconsin Supreme Court has held that Gary Tate was entitled to immunity for statements made during court-imposed sex offender treatment, and the revocation of his probation for refusing to make admissions to his crime without immunity was improper. Tate, 47, was …
Sex Offender Must Meet Stigma-Plus Test to Sue for Reputation Damage by The Eleventh Circuit Court of Appeals held that reputational damage alone is insufficient to constitute a protected liberty interest. This 42 U.S.C. § 1983 action was brought by a minor against nine employees of the Hale County Department …
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 …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 by U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 On February 25, 2004, the U.S. Supreme Court, in a per curiam decision, resolved a split among U.S. Circuit Courts of Appeal regarding the applicability of Heck v. Humphrey, …
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