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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 …
Article • May 15, 2007
Prisoner Charged With Perjury Over Statements to INS Officials by The criminal defendant was charged with perjury for statements he made in an interview in prison with an Immigration and Customs Enforcement inspector. The defendant was in custody even though the interview was not part of a criminal investigation initially. …
No Heck Bar to Disciplinary Challenge Not Involving Good Time by The Spanish-speaking plaintiff alleged that he was disciplined for failing to obey an order given in English. The district court dismissed without prejudice the claim against the officer who wrote the disciplinary charge for lack of personal involvement. The …
Challenge to BOP Law Enforcement Notification Law Dismissed by A Bureau of Prisons regulation requiring notice to state and local law enforcement officers of release of persons with current or prior convictions for drug trafficking or crimes of violence does not deny due process. The plaintiff does not have a …
Article • May 15, 2007
Federal Court Reaches Merits of Michigan Disciplinary Habeas by The petitioner challenged a disciplinary proceeding in which he lost good time after exhausting state judicial remedies. Under AEDPA, a federal court in habeas is bound by state court determinations unless they are contrary to or involve an unreasonable application of …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
County Liable for Miscalculating Detainees Sentence by The plaintiff was denied credit for time served through a record-keeping error arising from the existence of two indictments for the same criminal act. A county policy allegedly prohibited staff from counting days for the same charge under two different court case numbers …
$1,500 Paid in False WA DOC Disciplinary Action by Thomas B. Armstrong III, a telemarketer clerk at Washington State Penitentiary, was accused of losing a wrench and consequently was given a disciplinary report and placed in segregation. Two weeks later, he was released from segregation and the charges were dropped. …
No Liberty Interest in Sex Offender Classification by A prisoner plaintiff said he had no internal procedure available to challenge his sex offender classification. Defendants said that the grievance system permitted classification matters to be aired. The court decides the question in favor of defendants and dismisses for non-exhaustion, noting …
Article • May 15, 2007
Crawford Inapplicable to Washington Sentence Modification Hearings; Good Cause Must be Established for Hearsay Admission by Crawford Inapplicable to Washington Sentence Modification Hearings; Good Cause Must be Established for Hearsay Admission The Washington State Supreme Court, sitting en banc, held that Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354 …
Article • May 15, 2007
Lawsuit Challenging BOP's Reporter/Writer Pay Ban Regulation Remanded to District Court by David Reutter Lawsuit Challenging BOP's Reporter/Writer Pay Ban Regulation Remanded to District Court By David M. Reutter The Tenth Circuit Court of Appeals has held that it does not have jurisdiction to hear an appeal of a partial …
Article • May 15, 2007
Discipline for Staff Misconduct Grievance Upheld by The plaintiff filed a grievance against an Officer Drone for various misdeeds including having sex with officers and supervisors on the midnight shift. He was found guilty of insolence for that suggestion, which he admitted was based on rumors. At 732: "It is …
Article • May 15, 2007
No Liberty Interest in Good Time Not Yet Accrued by The petitioner challenged a change in state good time law that restricted his ability to earn discretionary good time in the future. That claim should have been brought under § 1983 rather than habeas corpus. It is analogous to disputes …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
Article • May 15, 2007
Ninth Circuit Rejects Prisoner's Psychotherapist-Patient Privilege by The Ninth Circuit Court of Appeals affirmed a prisoner's conviction for threatening President George W. Bush. Robert Romo was confined at Montana's Dawson County Adult Correction and Detention Facility. While there, Romo met with Donald LaPlante, a licensed professional counselor whose job included …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
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 …
No Immunity for Retaliatory Work Release Discipline by The plaintiff was on work release. He alleged that he had a dispute with an officer, filed a grievance against the officer, who then filed a false disciplinary report against him; the officer was allowed to participate in the hearing and dictated …
Article • May 15, 2007
Disciplinary Appeal Based on Same Facts May Exhaust Beating Claims Too by Defendants say the plaintiff failed to appeal to the highest level of the grievance process. However, plaintiff says he filed a grievance but DOCS failed to act on his complaints. He has sought discovery but defendants have refused. …
Article • May 15, 2007
D.C. Court Upholds BOP Work Release Policy Change by The Department of Justice abruptly changed its policy to forbid service of prison sentences in community correction centers. The prior policy was to honor judicial recommendations that sentences be served in a community correction center. The new policy did not deny …
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