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Article • May 15, 2007
Transfer of Hawaii Prisoners to CCA Prison in Oklahoma Upheld by The petitioners convicted in Hawai'i, were transferred to a private prison in Oklahoma, which was then bought by Oklahoma for operation as a state-owned prison. Their due process claim is foreclosed by Olim v. Wakinekona; notwithstanding various factual distinctions …
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 …
Confidential Informants Require Credibility Finding by The court of appeals for the Seventh circuit affirmed in part, reversed in part, a district court order denying prisoner's counsel access to a confidential informant's under seal. A federal prisoner was found guilty in a prison disciplinary hearing of stabbing another prisoner at …
BOP Good Time Credit Pro-Rated for Disciplinary Loss by The court of appeals for the Seventh circuit affirmed a district court ruling the federal prison officials in Illinois must properly compute the good time earned by federal prisoners when that good time is forfeited as a result of prison disciplinary …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
Disciplinary Hearings Require Disclosure of Evidence by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois state prisoner's lawsuit, for failure to state claim, when prison officials did not disclose an exculpatory report at a disciplinary or state the evidence relied …
Prison Guard Convicted of Filing False Disciplinary Reports by A federal district court denied a motion by Brazoria county jail guard Wilton Wallace to dismiss federal criminal charges against him stemming from the filing of false disciplinary reports against prisoners at the jail. Wallace unsuccessfully argued that prisoners have no …
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 …
Right to Impartial Disciplinary Hearing Officers by A federal district court in Nevada held that prisoners have a well established right to impartial disciplinary hearing officers. Biased or partial hearing officers for disciplinary and administrative segregation hearings violate due process. The defendants were not entitled to qualified immunity because this …
Retaliation for Cooperating with State IG Illegal by The court of appeals for the Second circuit held that a district court erred when it dismissed a New York prisoner's retaliation lawsuit. Plaintiff claimed that prison officials retaliated against him by filing false disciplinary charges after he cooperated with the state …
Informant Statements Require Reliability Finding in Record by The court of appeals for the Seventh circuit affirmed a district court ruling in favor of Wisconsin prison officials over the use of confidential informants. A Wisconsin prisoner filed suit under 42 U.S.C. § 1983 challenging the use of statements by a …
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 …
BOP Prisoners Have Liberty Interest in Good Time by BOP Prisoners have Liberty Interest in Good Time The court of appeals for the Ninth circuit held that federal prisoners have a due process liberty interest in receiving good time credits and not being subjected to disciplinary segregation without due process …
PI Granted to Allow Visits by PI Granted to Allow visits A federal district court entered a Preliminary Injunction (PI) for a Missouri prisoner and his wife to suspend a disciplinary hearing sanction and keep the prisoner's wife on his visiting list where the guard who reported the underlying infraction …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
MI Disciplinary Hearing Officers Entitled to Judicial Immunity by The court of appeals for the Sixth circuit held that Michigan Department of Corrections hearing officers were entitled to judicial immunity from suits for damages because they were attorneys and professional hearing officers similar to administrative law judges. Note that the …
Race Discrimination in Seg Placement and Parole Denial States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's claim that he was placed in indefinite administrative segregation and denied parole due to being black and filing lawsuits. Case …
Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Punishment for Legal Activities States Claim by The court of appeals for the Second circuit held that a district court erred when it dismissed, for failing to state a claim, a New York prisoner's lawsuit that prison officials refused him access to a typewriter and law library, confiscated his law …
Article • May 15, 2007
WA Prisoners Have Liberty Interest in Release by The court of appeals for the Ninth circuit held that a Washington state prisoner had a due process liberty interest in being released from prison on his good time release date. The plaintiff in this section 1983 case was held 20 days …
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