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Maryland Disciplinary Rules Violate APA by The Maryland Supreme Court invalidated prison disciplinary ?directives? because they were not adopted in conformity with the State Administrative Procedure Act (APA). Under the Maryland APA, all state agencies must follow certain procedures when adopting ?regulations? as defined by the APA. The APA excludes …
BOP Must Let Prisoners Control Their Outside Assets; Pays $10,500 To Settle Grievances by John Dannenberg by John E. Dannenberg In a convoluted pro per suit, two federal Bureau of Prisons (BOP) prisoners, who had been retaliated against after they grieved the BOP's having infracted them for controlling their legitimately-acquired …
Article • November 15, 2006 • from PLN November, 2006
Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding by David Reutter Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding by David M. Reutter The Minnesota Supreme Court has held that a Minnesota Department of Corrections disciplinary hearing fact-finder must find by a preponderance of …
Article • October 15, 2006
New York: Resentencing After Completion of Sentence Barred by Double Jeopardy and Due Process by by Brandon Sample Double jeopardy and due process principles prevent a court from resentencing a defendant after completion of his sentence, even if the defendant’s original sentence was illegal and inured to the defendant’s benefit, …
Article • October 15, 2006 • from PLN October, 2006
Iowa Prisoners Settle Sexual Abuse Lawsuits For $160,000 by Iowa taxpayers and former state prison guard Kenneth Parrot will pay a combined total of $160,000 to three women whom Parrot sexually abused, according to the terms of a December, 2005 settlement agreement. One of the victims, Melissa Henderson, says the …
Article • October 15, 2006 • from PLN October, 2006
Supreme Court: Lethal Injection Procedure May Be Challenged Via § 1983 by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held that a condemned prisoner's challenge to the procedure used in lethal injection may be brought in 42 U.S.C. § 1983 and need not be brought in …
Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Introduction1 For a number of years it seemed that rights …
Alabama Clarifies Prisoners Right to Call Witnesses At Disciplinary Hearing by Matthew T. Clarke Alabama Clarifies Prisoners Right to Call Witnesses At Disciplinary Hearing by Matthew T. Clarke The Court of Criminal Appeals of Alabama held that prison officials may not use excuses such as off duty or unable to …
Forced Masturbation States Privacy Claim by The Eleventh Circuit Court of Appeals has remanded for further proceedings a prisoners civil rights complaint that alleged he was forced to strip and masturbate by a female guard, and was then retaliated against for reporting her nefarious activities. Boxer X, a prisoner at …
Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a parolee who has never been convicted of a sex offense is entitled to a due process hearing prior to being required to …
$20,500 New Hampshire Jail Award Upheld for False Disciplinary Charges by The First Circuit Court of Appeals has upheld a jurys award of $20,500 to a pretrial detainee in a civil rights action, alleging denial of due process from the filing of false disciplinary charges. Jason Surprenant was a pretrial …
Article • June 15, 2006 • from PLN June, 2006
Florida Muslim's Forced Shave Challenge Remanded by David Reutter Florida Muslim's Forced Shave Challenge Remanded by David Reutter Floridas First District Court of Appeal has reversed a circuit courts order denying a petition seeking to declare the Florida Department of Corrections (FDOC) shave policy unconstitutional when applied to Muslims. Prisoner …
Article • May 15, 2006 • from PLN May, 2006
New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care by New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care The New York Court of Claims in Rochester has awarded prisoner Patrick Vaughn $2,760 on his claim that he was unlawfully confined and that his medical condition was not …
Exhaustion Not Required in Pennsylvania Parole Denial Challenges by The Third Circuit Court Of Appeals held that a Pennsylvania state prisoner challenging the denial of parole need not file a petition for a writ of mandamus in order to satisfy the dictates of exhaustion before seeking federal habeas review. Pennsylvania …
Alabama Diabetic Prisoner Stomped On and Retaliated Against by Guard Awarded $20,000 by John Dannenberg by John E. Dannenberg A diabetic Alabama prisoner lying on the floor of his cell due to suffering from his diabetes condition had his leg stomped on by a guard. When the prisoner grieved the …
$1,250 Settlement in Oregon Retaliation, Court Access Claims by A federal court in Oregon denied prison officials qualified immunity on a prisoners freedom of association, access to courts and retaliation claims. The association and retaliation claims were later settled for $1,250 and a transfer to another prison. On December 21, …
On Remand From Supreme Court, Sixth Circuit Reverses Judgment on Guard Retaliation Claim by The Sixth Circuit Court of Appeals, on remand from the United States Supreme Court, reversed a district courts grant of summary judgment to a prison guard on a First Amendment retaliation claim. Michigan prisoner Shakur Muhammad …
Florida Prisoner's Disciplinary Challenges Reversed for Further Proceedings by Two separate Florida District Court of Appeals decisions have reversed the dismissal of two prisoners' civil actions that challenged disciplinary reports. Prisoner Craig A. Savery was disciplined for possession of narcotics. Savery's initial appeal to Tomoka Correctional Institution's Warden was denied. …
Florida Jury Awards $225,000 in False Arrest/Malicious Prosecution Claim by A Florida jury has awarded $225,000 in a case against the City of Clearwater and an individual detective on a claim of false arrest, malicious prosecution, and intentional infliction of emotional distress. The Plaintiff claimed he was falsely arrested on …
New York's Sex Offender Treatment Program Enjoined; Stay Issued Pending Appeal by by Bob Williams The United States District Court for the Northern District of New York ruled that New York's program for treating convicted state sex offenders violates the Fifth Amendment's guarantee against compulsory self-incrimination and issued a preliminary …
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