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Article • May 15, 2007
Prisoner Has Right to Keep Infraction Report Before Hearing by The court of appeals for the Second circuit held that a New York prisoner had stated a claim when he filed suit alleging prison officials had seized infraction reports from him before a scheduled disciplinary hearing, thus depriving him of …
Article • May 15, 2007
Ban on Disciplinary Hearing Witnesses Struck Down by The court of appeals for the Ninth circuit held that prisoners have a right to call live witnesses at disciplinary hearings. The court held that a blanket Oregon prison rule banning all live witnesses at disciplinary hearings was unconstitutional. Rules in question …
Jail Detainee States Claim for Denial of Exercise, Mail Censorship, and Subjection to Collective Punishment by The court of appeals for the Fifth circuit held that a district court erred when it dismissed as frivolous a lawsuit by a San Antonio, Texas, jail detainee that he was denied adequate exercise/recreation, …
Ban on Documentary Evidence in Disciplinary Hearings Struck Down by The court of appeals for the Fifth circuit held that an Alabama prison rule prohibiting prisoners from presenting documentary evidence in their defense at prison disciplinary hearings is unconstitutional. Key to the issue is whether the evidence requested by the …
Restitution Allowed At Prison Disciplinary Hearing by The court of appeals for the Seventh circuit held that a prison disciplinary hearing comporting to Wolff v. McDonnell, 94 S.Ct. 2963 (1974) afforded sufficient due process in order for BOP officials in Illinois to seize the prisoner's trust fund account money to …
Prisoner Cannot Be Punished for Engaging in Permitted Conduct by The U.S. Eighth Circuit Court of Appeals reversed and remanded a district court jury verdict in favor of a prison warden who punished a prisoner for engaging in conduct not prohibited by prison rules. Larry Coffman, a prisoner at Missouri …
Qualified Immunity Denial Upheld, Punishment Requires "Some Evidence" by Qualified Immunity Denial Upheld, Punishment Requires "Some Evidence" The U.S. Eighth Circuit Court of Appeals upheld denial of summary judgment on qualified immunity grounds to prison officials who punished a prisoner without evidence of wrongdoing. David Engel, a prisoner at the …
Beating Damages Award Upheld, Case Remanded for Further Damages Consideration by The U.S. Sixth Circuit Court of Appeals upheld a federal district court's findings in favor of a prisoner beaten by jail guards and the court's award of damages, but remanded the case for consideration of further damages. Marty O'Shea …
Prison Disciplinary Conviction on Unidentified Informant's Testimony Okay by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court of Oregon, held that a prisoner's due process rights in a prison disciplinary hearing were not violated despite the lack of specificity in the time frame for the prison …
Article • May 15, 2007
Prisoners Have No Liberty Interest in Prison Housing Assignment by Prisoners Have No Liberty Interest In Prison Housing Assignment The U.S. Supreme Court held that prisoners do not have a liberty interest in their prison housing assignments. A Massachusetts prisoner brought an action in federal district court alleging deprivation of …
Supreme Court: No Right to Counsel or Cross Examination in Disciplinary Hearings by Baxter v. Palmigiano consolidates two separate actions, 74-1194 & 74-1187, in which state prisoners filed civil rights suits as a result of prison disciplinary procedures. Action no. 74-1194 was filed by prisoners in California's San Quentin prison …
Article • May 15, 2007
Prisoners Have Right to Notice of Rules by The Eighth U.S. Circuit Court of Appeals affirmed that prisoners in custody of the Nebraska Department of Correctional Services (DOCS) do have right to advance notice of rules and orders promulgated by DOCS, DOCS' prison wardens, or prison supervisors before the rules …
Article • May 15, 2007
Common Area Contraband Disciplinary Conviction Upheld by The U.S. Court of Appeals for the Seventh Circuit held, in a split decision, that weapons found in a ventilation shaft adjacent to eight Stateville prison cells, which housed a total of 32 prisoners, provided the "some evidence" necessary to sustain a disciplinary …
Reasons for Refusing to Call Witnesses Need Not Be Documented by The U.S. Supreme Court vacated and remanded a lower court's ruling that a prison disciplinary board's reason for refusing to call requested witnesses must be part of the official hearing record. The ruling resulted from a complaint filed by …
Summary Judgment Precluded in Beating, Qualified Immunity for Hearing Officer by A New Jersey prisoner brought § 1983 action alleging violations of his constitutional rights. Defendant prison officials and guards motioned for partial summary judgment. The U.S. District Court for the District of New Jersey held: 1) Summary judgment against …
Article • May 15, 2007
Ad-Seg for Eleven Months Without Review States Due Process Claim by The Eleventh U.S. Circuit Court of Appeals reversing a Florida U.S. District Court,, held that a prisoner held in Administrative Segregation (Ad-Seg) for eleven months without any review of his close management (CM) status, stated a claim for relief. …
Sixth Circuit Reverses Jury in Retaliation Case, Verdict Was Unreasonable by The Sixth Circuit Court of Appeals has again reversed and remanded the U.S. District Court for the Eastern District of Michigan in a case involving a prison guard's retaliation against a prisoner and his mother. Stephen Neal was a …
Article • May 15, 2007
Clemency Proceedings Require Only Rudimentary Due Process by The United States Supreme Court, affirming Ohio's clemency procedures, held that the due process requirements for clemency hearings are rudimentary. Eugene Woodard was convicted of murder in the course of carjacking and was sentenced to death. Forty-five days prior to his scheduled …
Interpreters Provided For MD Deaf Prisoners in Consent Decree by A Maryland federal district court approved a consent decree that agrees to provide and compensate qualified sign language interpreters for deaf prisoners. The agreement provides Maryland deaf prisoners will be advised of their right to a qualified sign language interpreter …
PLRA Requires Prisoner 1983 Complaints to Plead Administrative Exhaustion by The U.S. Court of Appeals for the 6th Circuit recently held that the Prison Litigation Reform Act (PLRA) requires prisoner civil complaints under 42 U.S.C. 1983 to allege the prisoner exhausted all administrative remedies before suing or suffer dismissal of …
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