Skip navigation

Search

1465 results
Page 40 of 74. « Previous | 1 2 3 4 ... 36 37 38 39 40 41 42 43 44 ... 70 71 72 73 74 | Next »

FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years by The United States Court of Appeals for the First Circuit dismissed former federal prisoner Frank Boldoc's civil rights complaint for eight years of wrongful incarceration. Boldoc and another former federal prisoner, Francis Larkin, filed this claim under …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Texas Rioting Infraction Upheld by The plaintiff was found guilty at a disciplinary hearing of participating in a prison riot and sentenced to 10 years' loss of good time among other things. The court notes that whether there is a liberty interest in good time in Texas is undecided, but …
Article • May 15, 2007
District of Columbia Sex Offender Registration Unconstitutional by The public notification provisions of the D.C. Sex Offender and Registration Act deny due process because they provide no opportunity for sex offenders to contest whether such notification is necessary to protect the public. There is a liberty interest under the "stigma-plus" …
Confession Not Linked to Tasering by The plaintiff's allegation that while in jail in Gwinnett county awaiting trial he was held in solitary confinement, shocked with a stun gun, and denied a shower for three months did not render his confession involuntary because he did not show a causal relationship. …
Article • May 15, 2007
Not Allowing Prisoner to View Disciplinary Video Upheld by The petitioner was disciplined for stealing a mattress, as supposedly revealed by a videotape; he was not permitted to see the videotape because prison officials "did not want the offenders to know the capabilities of the cameras for security reasons." The …
Retaliation Claim Doesn't Require Exhaustion by A complaint of individualized retaliatory action is not a prison conditions claim requiring exhaustion of administrative remedies. At 185: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
Prosecutors Immune for Seizing Arrestees Prosthetic Leg by The plaintiff was arrested. His leg prosthesis was confiscated as evidence (it had a bullet hole in it). The prosecutor refused to return it. At trial, both parties used the prosthesis as evidence. The judge declined to order the prosthesis returned after …
Article • May 15, 2007
Lack of Interpreter at Some Hearings Upheld by The Spanish-speaking plaintiff, who had a lot of disciplinary charges, received an interpreter when he asked for one, but he didn't always ask. The magistrate judge found that he understood English enough to understand the nature of the proceedings and to respond …
Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition by Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition The plaintiff prepared a petition alleging abusive conduct by a correction officer. He was subsequently disciplined after searches of his cell and work area turned up articles …
No Supervisory Liability for Forwarding Complaint to Investigator by The plaintiff alleged that he was beaten and then retaliated against for complaining with a further assault and a false misbehavior report. The Commissioner cannot be held liable because he was not personally involved. Although the plaintiff sent him letters, it …
Prosecutor, Daughter Immune for Trying to Elicit Jailhouse Confession by The plaintiff was accused by his daughter of sexually molesting and murdering her childhood friend. His daughter then visited him in jail to try to induce him to confess, allegedly with the knowledge of the prosecutor. He refused to talk …
Article • May 15, 2007
AEDPA Time Limit Runs from Date of Hearing, Tolled During Exhaustion by The petitioner lost good time in a disciplinary proceeding and sought habeas relief. The one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) began to run on the date of the disciplinary …
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 …
Article • May 15, 2007
Ex Post Facto Parole Claim Can Be Brought Under § 1983 by The plaintiff challenged the retroactive application of new parole eligibility regulations under the Ex Post Facto Clause. That claim is not barred by Heck and Balisok since a challenge to eligibility rules does not "necessarily imply" the invalidity …
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 …
Article • May 15, 2007
No Right to Prompt Return to State Prison by The plaintiff was held as a federal detainee at the Westchester County Jail for eight and a half months after the completion of all federal proceedings, rather than being returned to state prison whence he had come and where he was …
Article • May 15, 2007
New Jersey Parole Suit Dismissed by At 640: There is no federal constitutional right to parole. . . . Nevertheless, the Third Circuit has held that "once a state institutes a parole system, all prisoners have a liberty interest flowing directly from the due process clause in not being denied …
Parole Retaliation Suit Dismissed by The plaintiff alleged that prosecutors reneged on a plea bargain by failing to submit favorable letters to the parole board and instead submitting unfavorable letters, and that the parole board retaliated against him for having filed federal court litigation. The plaintiff's claim for breach of …
Page 40 of 74. « Previous | 1 2 3 4 ... 36 37 38 39 40 41 42 43 44 ... 70 71 72 73 74 | Next »