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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, …
$450 Award in Prisoner Wrongful Keeplock Suit by $450 Award In Prisoner Wrongful Keeplock Suit Ignacio Rosado, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on "keeplock" status for 7-days. In 1999, a prison guard told Rosado …
$500 Paid in WA Racial Segregation Suit by Muhammad Shabazz Farrakhan and a group of black prisoners at the Washington State Penitentiary in Walla Walla, Washington filed a 42 U.S.C. § 1983 alleging racial discrimination in housing assignments. Farrakhan alleged prisoners were given race cards and each racial group, Whites, …
Article • May 15, 2007
Slow, Incompetent Investigation Causing Over Detention Not Deliberate Indifference by The Third Circuit Court of Appeals held a parole board' s misinterpretation of a sentencing court's order and a slow investigation into the order's meaning did not exhibit deliberate indifference. The plaintiff, a former prisoner of the Philadelphia County Prison, …
Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution; (2) arrest without probable cause; (3) deprivation of liberty without due process; (4) unlawful search and seizure of …
Illinois Prisoner's Suit Dismissal Affirmed, Strike Reversed by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Central District of Illinois, held that state prison rules did not create a liberty interest in minimum-security and work-release placement and Illinois law did not create a reasonable expectation of …
Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing by Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing The Seventh Circuit Court of Appeals has held that a prisoner is entitled to have live testimony presented at a prison disciplinary hearing, and prison officials' refusal …
Article • May 15, 2007
No Brady Violation in Prison Disciplinary Hearing; Videotape Inconclusive by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Northern District of Indiana, denied habeas corpus relief to a state prisoner challenging a disciplinary hearing that revoked his good-time credits, where the prisoner alleged that prison officials …
Article • May 15, 2007
Videotape Evidence Properly Admitted in Prisoner's Beating Trial by The U.S. Third Circuit Court of Appeals, affirming the U.S. District Court, Western District of Pennsylvania, held that the district court did not err in admitting a videotape of the location where an attack took place, and that even if admitting …
US Supreme Court Holds Forced Drugging of Mentally Ill Prisoner Not Unconstitutional by The U.S. Supreme Court held that the forced medication of a mentally ill prisoner did not violate substantive due process, nor was the issue moot merely because the prisoner was not currently being forcibly medicated. A Washington …
Eighth Circuit Reverses Dismissal for Consideration Under McKune v. Lile by The U.S. Eighth Circuit Court of Appeals reversed the dismissal of a Missouri prisoner's suit, holding that qualified immunity does not shield officials from equitable relief and that the prisoner's suit raised issues that must be considered in light …
Article • May 15, 2007
Fla. Prisoners Have Liberty Interest to Remain in General Population by The Fifth Circuit Court of Appeals (now the 11th Circuit) and the Florida Department of Corrections (FDOC) had implemented regulations that created a liberty interest to remain free of segregation. This 42 U.S.C. §1983 action was filed by a …
Indiana Prisoner's CAB Conviction for Tobacco Trafficking Supported by Evidence by The U.S. Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana in denying habeas corpus relief to an Indiana prisoner convicted of tobacco trafficking in a prison disciplinary hearing. Tim Godby, an …
Tennessee: Punitive-Based Administrative Segregation States Claim by In this case involving the appeal of a disciplinary ruling, the Tennessee Court of Appeals held that because a prisoner's placement in administrative segregation appeared to be punitive, his petition for common law writ of certiorari stated a claim. Eric Woodruff, a prisoner …
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