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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 …
Article • May 15, 2007
Prison Disciplinary Issues Must Be Raised in Administrative Appeal by Jon Michael Withrow The Seventh Circuit Court of Appeals upheld a decision in a prison disciplinary proceeding, finding "some evidence" to support the disciplinary board's decision of guilty and that prisoner's due process claim on the board's boilerplate reason for …
Florida DOC Clamps Down on Prisoner Writers by David Reutter by David M. Reutter In an effort to limit prisoners' free speech rights, the Florida Department of Corrections (FDOC) has taken steps to prohibit prisoners from engaging in a business or profession. For some years now, the FDOC has had …
Disciplinary Hearing Witness Cannot be Denied Because of Prisoner's Race by The Ninth Circuit Court of Appeals held that although a California prisoner did not have a due process right to remain free from administrative segregation, he did have an equal protection right not to have a witness barred from …
Article • May 15, 2007
§ 1983 Suit Improper Remedy for Good Time Loss by The court of appeals for the Fifth Circuit held that it was improper for a prisoner to file a 42 U.S.C. § 1983 action seeking monetary damages, declaratory and injunctive relief that prohibited prison officials from removing, rescinding or suspending …
Article • May 15, 2007
Nine Month Delay in Bringing Mississippi Detainee Before Court Defeats Qualified Immunity by The Fifth Circuit Court of Appeals held jail officials at Mississippi's Hinds County Jail were not entitled to qualified immunity for failing to take a pretrial detainee before a court for nine months. The detainee was arrested …
37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship by The Eighth Circuit Court of Appeals held that the deprivation of exercise, religious services and contact visits for 37 days is not a due process violation, nor is the failure to provide a hearing before placement in disciplinary …
Article • May 15, 2007
Probationer Waives Right to Counsel by The Ninth Circuit Court of Appeals determined that a federal probationer could waive his constitutional right to counsel as given by 18 USC § 300A and the U.S. Constitution. This ruling applies to modification hearing as well. It is well established that Federal probationers, …
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