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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 …
Article • May 15, 2007
Sua Sponte Dismissal of Disciplinary Challenge Reversed; Wisconsin Prisoner Denied Right to Be Heard by Sua Sponte Dismissal of Disciplinary Challenge Reversed; Wisconsin Prisoner Denied Right to Be Heard The Wisconsin Court Of Appeals held that a state trial court error in refusing to issue a writ of certiorari and …
1,300 Days in Segregation Atypical Under Sandin by A federal district court in New York declined to grant a state prisoner's motion for a Temporary Restraining Order/Preliminary Injunction seeking release from segregation. The plaintiff had been sentenced to consecutive segregation' sentences totaling 4i years for misconduct. He alleged violations of …
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 …
Seven-Day Bread Diet States Eighth Amendment Claim; Dismissal Vacated by The U.S. Second Circuit Court of Appeals, vacating in part a dismissal by the U.S. District Court for the Western District of New York, held that a state prisoner's complaint that his Eighth Amendment rights were violated when he was …
Punishment for Religious Fasting States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Iowa prisoner's free exercise claim that he had been placed in segregation for religious fasting. The court held that pre service dismissal was erroneous because …
Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled by Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court, Northern District of California, ruled that the district court erred in holding an arrestee to a heightened …
Case Remanded for Expungement of Seg Record and Damages Hearing by The Seventh Circuit court of appeals ruled that an Illinois federal prisoner was entitled to relief in the form of expungement of the record of his confinement to segregation where federal prison officials had been ordered to give the …
Confessions Made in Therapy Protected Under 5th Amendment by The court of appeals for the Ninth circuit held that statement made by a prisoner in court ordered therapy are protected by the Fifth amendment's right Against self incrimination. Washington state prisoner Dan Pens was committed to a sexual psychopath program …
Article • May 15, 2007
Judgment Vacated in Aikens v. Lash by The Supreme Court granted certiorari, granted respondents leave to proceed in forma pauperis, and vacated and remanded the Seventh Circuit's decision in Aikens v. Lash, 54 F.2d 55 (7th Cir. 1975), a case in which segregated Indiana state prisoners were given the right …
Article • May 15, 2007
Prisoner Entitled to Lay Advocate in Disciplinary Transfer by The Seventh Circuit court of appeals held that certain minimal due process, requirements are attached to disciplinary transfers of prisoners from the Indiana State Prison. The court held that a prisoner who was the subject of a disciplinary transfer hearing was …
State Law Creates Liberty Interest by The Supreme Court found that a state law gave a Pennsylvania prisoner a liberty interest in remaining in general population which could not be taken without due process. They ruled, however, that the limited actions taken by prison authorities constituted due process. After being …
Article • May 15, 2007
No Visitation Type Restriction for Possession of Marijuana by The New York Supreme Court held that the state's prisoners could not be restricted to non-contact visitation because a disciplinary hearing finding of being in possession of marijuana on the compound. The prisoners had received 180 to 270 days of non-contact …
Article • May 15, 2007
NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 by NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 Donald Griffin, a New York state prisoner, was found guilty of drug use, based on an allegedly flawed urinalysis, …
Article • May 15, 2007
Visitor has Right to Due Process Hearing Before Termination of Visit Privileges by The Oregon Court of Appeals has held that a visitor, who had her privilege to visit her husband permanently revoked after he was found with a balloon full of marijuana in his rectum in a post visit …
Writ Deemed Filed When Handed to Prison Officials by The Florida First District Court of Appeal has quashed a trial court's order dismissing as untimely a prisoner's petition for mandamus challenging a disciplinary hearing conviction. The prisoner's grievance denial was rendered on April 11, 1997, and the mandamus petition bore …
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 …
Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief by Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief The U.S. Court of Appeals for the Tenth Circuit reversed two Oklahoma State prisoners disciplinary convictions for violating a state statute. The prisoners were wrongly convicted and punished for a misinterpretation …
Delaware Force Suit Dismissed by The plaintiff resisted when staff tried to place chains and a padlock on his cell door, and force was used against him. He filed one grievance about alleged excessive force and resulting medical problems, and a second grievance about the placement of chains on his …
Defense Verdict in Illinois Brutality, Cold Case Upheld by The plaintiff alleged that officers confined him in a cell with a broken window in subzero weather, used excessive force against him, and made false statements leading to wrongful disciplinary action. A jury found for the defendants. The verdict as to …
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