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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 …
Disciplinary Charges Immaterial to Criminal Trial for Same Incident by The criminal defendant was placed in administrative segregation after he was discovered to have ingested 25 balloons of marijuana. Five months later, he was indicted. He alleged that he was not given a copy of his incident report or adequate …
Pennsylvania Sex Offender Parole Denial Suit States Some Claims by The plaintiff, seeking to represent a class, complained that denying her parole and imposing other adverse consequences in prison because of her refusal to disclose her sexual history, possibly including uncharged criminal activity, in a sex offender program violated her …
False Charges against Staff Not Unconstitutional by Correction officers subjected to allegedly unfounded disciplinary prosecutions could not bring a § 1983 suit for malicious prosecution. Even though New York State recognizes the tort of malicious prosecution based on administrative proceedings, the Supreme Court plurality said in Albright v. Oliver that …
Article • May 15, 2007
Legislation Supplies Notice On Its Own by At 1181-82: Whether an affected party is entitled to individual notice and a pre-deprivation hearing depends upon the character of the action. When the action is purely legislative, the statute satisfies due process if the enacting body provides public notice and open hearings. …
Article • May 15, 2007
No Opportunity to Earn Good Time Claim Dismissed by The plaintiff challenged a disciplinary proceeding. The sanctions of six weeks' loss of visiting, transfer to a higher security prison, and loss of his position as Minority Camp Co-Chairman with its accompanying opportunity to earn good time, did not amount to …
Article • May 15, 2007
Supreme Court Held Car Towing Hearing Delay Okay by The plaintiff's car was towed; he paid a fine to get it back; he asked for a hearing, which was held 27 days after the vehicle was towed. The Ninth Circuit agreed that the failure to hold a hearing within five …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
§ 1983 Seeking Post Trial DNA Evidence Not Heck Barred by The Ninth Circuit joined the Eleventh circuit in holding that a § 1983 action seeking post-conviction access to DNA evidence is not barred by Heck v. Humphrey, 512 US 477 (1994). In 1994, William Osborne was convicted of kidnapping …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing by Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing The Tenth Circuit Court of Appeals upheld the criminal convictions of three GEO Corporation (formerly Wackenhut) guards for beating a prisoner. The court remanded for re-sentencing. On …
Article • May 15, 2007
Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) by Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) The Sixth Circuit Court of Appeals held that the United States Parole Commission erred in failing to hold a parole revocation hearing as required by 18 U.S.C. §4214(c), after a parolee …
Texas Supreme Court: Sex Offender Civil Commitment Statute Is Constitutional by By Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas (SCT) held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore …
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 …
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