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WA Prisoner Gets Major Infractions Expunged And Good Time Restored After Filing PRP by The Washington State Court of Appeals, Division 3., dismissed the Personal Restraint Petition (PRP), of Waldo E. Waldron-Ramsey, after the Washington Department of Corrections (WDOC), expunged the infraction's he had been found guilty of, and restored …
$51,050 Paid in WA Retaliation Claim by Mark Wayne Clark had previously prevailed in a retaliation lawsuit against Sgt. Patrick O'Conner while at the Washington State Penitentiary when he was placed in O'Conner's unit at the prison. Shortly thereafter, O'Conner began harassing Clark and instituted disciplinary proceedings stating Clark had …
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their …
Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible by Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible The Eleventh Circuit Court of Appeals held a prisoner …
Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution by Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution A Kansas federal district court denied in part and granted in part a motion for summary judgment filed by defendants in a 42 U.S.C. Section 1983 action …
New York Prisoner's Due Process Right's Violated At Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the lower court was correct in holding that the Department of Corrections(DOC) violated the due process rights of a prisoner. The adjustment committee and the warden discussed the …
Notice of Rules Required Before Infraction by The court of appeals for the Fifth circuit held that two federal prisoners in Texas were denied due process when they were disciplined for violating a non existent prison rule. The court also required that the lowers court determine if the defendants had …
Polygraph for Accused Required After Informant Passed by The New Jersey Superior Court appellate division ordered that a prisoner accused of escape in a disciplinary hearing must be afforded a polygraph test after a confidential informant (CI) passed such a test. The finding of guilt was based solely upon the …
Article • May 15, 2007
FL Prisoner Entitled to Evidence Production and to Be Present at Disciplinary Hearing by Florida's First District Court of Appeal held that the failure to produce an object that was allegedly a weapon when the prisoner's defense was that the object was not a weapon, entitled the prisoner mandamus relief. …
Disciplinary Conviction, Loss of Good Time Upheld by The U.S. Seventh Circuit Court of Appeals denied habeas corpus review to a prisoner appealing disciplinary segregation and loss of good time credits. Richie Rivera, a prisoner at the Indiana State Prison (ISP), was sanctioned by the conduct adjustment board (CAB) with …
WA Prisoner Gets Major Infraction Dismissed After Filing PRP by Rahih Aboul-Hosn, a Washington state prisoner, filed a Personal Restraint Petition (PRP), in the Washington Court of Appeals, Division I, claiming that his due process rights were violated at a major infraction hearing, for an infraction he received while at …
Silence can Constitute "Waiver" of Witness at Disciplinary Hearings by Silence can Constitute "Waiver" of Witness at Disciplinary Hearings The Second Circuit Court of Appeals held a prisoner's failure to request a witness testify at disciplinary hearing after the hearing officer asked if the hearing should go in any other …
Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion by Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion A New York federal district Court denied prison official's motion to dismiss a prisoner's 42 U.S.C. §1983 complaint alleging retaliation assisting another prisoner with a grievance. The prisoner was …
Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Article • May 15, 2007
New York Appeals Court Upholds Prisoner's Disciplinary for 9-11 Comment by On June 17, 2004, a New York court of appeals upheld disciplinary action taken against a state prisoner for a comment he allegedly made while watching TV coverage of the 9-11 attacks. Particio Linares, a New York state prisoner, …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
Article • May 15, 2007
$180 Award in Prisoner Excessive Keeplock Confinement Suit by Gregory Pratt, a prisoner at the Sing Sing Correctional Facility (SSCF) in New York, filed a pro se law suit against SSCF, for keeping him on keeplock confinement for 18 days without a hearing. On March 11, 2000, Pratt was, issued …
$135 Award in Prisoner Wrongful Confinement Suit by William Mingues (Underwood), a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him in the Special Housing Unit (SHU), for an excessive amount of time. In August of 2000, Mingues, was …
Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed by Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed The U.S. Seventh Circuit Court of Appeals, partly reversing the U.S. District Court, Central District of Illinois, held that a prisoner could bring a civil rights suit for demotion in job status and, …
Alaska Prisoners' Disciplinary Hearing Rights by In 1975 Alaska's supreme court held that under the state and federal constitutions, Alaskan prisoners enjoy substantial due process rights in prison disciplinary hearings, moreso than prisoners enjoy under the U.S. Constitution alone. The state supreme court held that Alaskan prisoners have the right …
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