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$50.00 Awarded in Due Process Violation by On March 31, 1993, two home-made knives were found in the crack of the wall of Louisiana prisoner Robert Odom's Angola Penitentiary cell. After being found guilty by a disciplinary board, Odom was placed in punitive lockdown. Despite being granted a rehearing to …
$1,000 Awarded in Texas Prisoner's Retaliation Claim by While serving a life sentence at the Coffield Unit in Texas' prison system, Sonny Wilson filed a grievance in August 1996 against guard Patria Perez Lara. He claimed she would wake him up in the middle of the night, would refuse to …
Article • May 15, 2007
No Liberty Interest in Security Classification by The plaintiff complained of his security classification and the process for assigning it, but classification isn't atypical and significant and there is therefore no liberty interest under Sandin. The possible subsequent consequences of his classification (e.g., that he might be treated as a …
Article • May 15, 2007
NY Prisoners May Have Liberty Interest in Work Release by The Second Circuit responds to Booth v. Churner. In Nussle, they said excessive force claims aren't about "prison conditions"; in Lawrence v. Goord (42-43): we held that claims alleging particularized instances of retaliatory conduct directed against an inmate are not …
BOP Hernia Suit Dismissed for Non Exhaustion by The plaintiff complained of delay in hernia surgery but did not exhaust administrative remedies. His argument that the remedy doesn't provide damages was rejected in Booth v. Churner. His claim that he was denied the necessary forms is rejected because he filed …
Plaintiff Must Prove Liberty Interest in Avoiding Segregation by The plaintiff received a 30-day punitive segregation sentence and alleged deprivations of due process. At 1065: Assessing atypical and significant hardship is a question of fact that may require more than the complaint to assess, but this plaintiff filed hundreds of …
Article • May 15, 2007
Punishment for Refusing Polygraph Upheld by A prisoner who was placed in segregation pending a hearing was provided due process by the "postdeprivation" disciplinary hearing he received. Review of a disciplinary proceeding to determine if it was supported by "some evidence" must be limited to evidence in the administrative record. …
Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
Article • May 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the …
Exposure to Smoke, Retaliatory Discipline and Dish Washing Claims Dismissed by Complaints of "sporadic and fleeting" exposure to second hand smoke on bus rides were properly dismissed as frivolous absent "competent evidence that [the plaintiff's] intermittent exposure to smoke during bus rides was an unreasonable risk to his health." (498) …
Hearing Officer Immune in Barring Witness Questioning by The plaintiff was disciplined, on appeal the tape of the hearing was damaged and unintelligible, so the charge and incident were expunged. The officers who reported the plaintiff's conduct did not violate the plaintiff's rights. At 791: ". . . [A] correctional …
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …
Article • May 15, 2007
State Court Ruling on Good Time Calculating Creates Liberty Interest by The defendants failed to credit the plaintiff properly for good time, even though they had obtained a decision in prior litigation with him stating the correct way of calculating it. As a result he spent six extra months in …
Assault Victims Statements Must Be Evaluated at Disciplinary Hearing by The plaintiff was convicted of assaulting another prisoner who wrote an initial statement that the plaintiff did it but then refused to testify. There was no evidence of guilt that did not derive from the victim's statement. The plaintiff's disciplinary …
Article • May 15, 2007
No Summary Judgment in NJ Control Unit Retaliation Case by The plaintiff alleged that after a Behavioral Modification Unit was discontinued, he (unlike almost everybody else there) was returned to administrative segregation. He alleged this was in response to his having filed a grievance about excessive force against another prisoner. …
Jury Finds CT Prisoner Denied Disciplinary Due Process by The plaintiff was summoned to a disciplinary hearing, got there late, and discovered it had been held without him and he had been found guilty. He asked to be heard and tried to get the hearing officer's attention; he was maced …
Article • May 15, 2007
New York Disciplinary Procedures Violate Due Process, Prisoner Awarded $750 by The U.S. District Court for the Northern District of New York held that disciplinary procedures extending prisoners' time in punitive segregation violated due process and that the prison's strip search policy violated the Fourth Amendment. Prisoners Zachary Morgan, Born-Allah, …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Article • May 15, 2007
Federal Deportation Detainees Stage Sit-In to Protest Delayed Hearings by On September 21, 2005, 950 deportation detainees at the federal Mira Loma Detention Center in Lancaster, California refused to return to their barracks for four hours after their 7 a.m. breakfast until prison officials assured them that their concerns regarding …
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