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Damages in Disciplinary Hearing Case Upheld by The court of appeals for the First circuit upheld a lower court's award of damages to a Massachusetts prisoner denied due process in a disciplinary hearing. The lower court awarded plaintiff $390 in damages, 370 F. Supp. 1071 (D MA 1974). Prisoner was …
Extra Protection Provided Under Florida Disciplinary Rules by Florida's First District Court of Appeal has held that the Florida Department of Corrections (FDOC) rules require it to provide a prisoner with the names of witness to incidents within the disciplinary report, produce videotapes, or explain the reasons for the failure …
Challenges to Systematic Prison Disciplinary Procedures Cognizable Under § 1983 by The United States Court of Appeals from the Fifth Circuit held that habeas corpus is not the sole remedy for challenging prison disciplinary actions, and the amount of process due is not contingent on the actual punishment imposed, but …
New York Prisoner Has Right to Witnesses at Disciplinary Hearing by The U.S. Court of Appeals for the Second Circuit held that prisoners have the right to due process at disciplinary hearings. A prisoner at the Fishkill Corrections Center in New York filed a civil suit claiming that his right …
INS Detainee Entitled to Wolff Protections in Disciplinary Action by The Fifth Circuit Court of Appeals held a detainee of the Immigration and Naturalization Service (INS) is entitled to the same due process rights of a prisoner in a disciplinary action. The detainee arrived in the United States as a …
Article • May 15, 2007
Washington Appeals Court Affirms Right to Witnesses in Pee Shy Disciplinary Case by Washington Appeals Court Affirms Right to Witnesses in Pee Shy Disciplinary Case The Washington Court of Appeals held that a prisoner has the right to call witnesses at a prison disciplinary hearing to over the presumption that …
Prisoners Have Right to Impartial Hearing Officer and to be Informed of Adverse Evidence in Disciplinary Hearings by Prisoners Have Right to Impartial Hearing Officer and to be Informed of Adverse Evidence in Disciplinary Hearings The Second Circuit Court of Appeals held that prisoners have the right to a hearing …
$500 Paid in Refusal to Call Witness in WA DOC Hearing. by Jose Echeverria filed a 42 U.S.C §1983 action in the Eastern District of Washington federal court against officials at the Washington State Penitentiary alleging due process violations. Echeverria was infracted for allegedly participating in a fight between two …
No Immunity In Denial Of Presence During Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the US District Court did not properly address the qualified immunity defense of Department Of Corrections (DOC) officials. A prisoner at the Green Haven Correctional Facility in New York …
New York Prisoner Entitled to Reasons for Witnesses Refusal to Testify at Disciplinary Hearing by New York Prisoner Entitled to Reasons for Witnesses Refusal to Testify at Disciplinary Hearing The New York Supreme Court, Appellate Division, held that a prisoner is entitled to have established a witness' reasons for refusing …
Article • May 15, 2007
Calling of Disciplinary Hearing Witnesses Contingent on Possible Punishment, Not Actual Punishment by Calling of Disciplinary Hearing Witnesses Contingent on Possible Punishment, Not Actual Punishment The Fourth Circuit Court of Appeals held that a prisoner is entitled to call witnesses at a disciplinary hearing when facing loss of good time …
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 …
Hearing Officer Not Required to Identify Favorable Witnesses by The plaintiff alleged that the tape of his disciplinary hearing was tampered with to obfuscate a favorable answer from a witness. Since no tape is required by due process, and the plaintiff got the written statement setting forth the reasons for …
Denial of Disciplinary Witnesses Upheld by At 639: Where an inmate's federal claims arise directly out of a disciplinary or administrative segregation hearing . . . (e.g., a claim of denial of procedural due process), "he exhausts his administrative remedies by presenting his objections in the administrative appeals process, not …
Informant Statement Enough for Disciplinary Conviction by The plaintiff lost 13 days' good time in a disciplinary hearing. The identity of a confidential informant and the specifics of the informant's statement need not have been disclosed. Non-disclosure is acceptable when there is a valid reason for keeping the information confidential …
Circumstantial Evidence Supports Disciplinary Drug Conviction by The plaintiff was convicted of a disciplinary drug offense based on circumstantial evidence related to the finding of drugs in a trash can in the visiting area. He lost good time, so his claim is cognizable under Sandin, and he proceeded via writ …
Contempt for Disciplinary Hearing Injunction Violations Upheld by Contempt for Disciplinary Hearing Injunction violations Upheld The court of appeals for the Second circuit affirmed contempt sanctions imposed against New York state prison officials for violating an injunction in disciplinary hearings lawsuit. In this class action suit New York prisoners obtained …
Denial of Witnesses in Pee-Shy Urine Case Reversed by Denial of Witnesses In Pee-Shy Urine Case Reversed The court of appeals for the Second circuit affirmed in part, reversed and remanded in part, a district court's dismissal of a lawsuit filed by a federal prisoner in New York. The prisoner …
Ban on Staff Witnesses in Disciplinary Hearings Unconstitutional by The court of appeals for the Tenth circuit granted a certificate of appealability in a habeas corpus action. The court held that a New Mexico state prison's blanket policy of banning all staff members as witnesses in disciplinary hearings was unconstitutional …
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