Skip navigation

Search

1472 results
Page 49 of 74. « Previous | 1 2 3 4 ... 45 46 47 48 49 50 51 52 53 ... 70 71 72 73 74 | Next »

Expungement, Not Rehearing, Mandated in Colorado Disciplinary Reversals by Bob Williams In an unpublished opinion, the Colorado Court of Appeals has held that expungement of a prisoner?s disciplinary record, not a rehearing, is an appropriate remedy when reversed on administrative or judicial review. Colorado prisoner Lewis Simpson was convicted of …
Article • March 15, 2007 • from PLN March, 2007
Ninth Circuit: California Lifers Have A Liberty Interest In Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals crushed a determined attempt by the California Board of Prison Terms (BPT-- now called the Board of Parole Hearings) to transmogrify the California Supreme Court?s decision in In re Dannenberg, …
Bureau of Prisons Begins Certifying Sexually Dangerous Persons by David Beneman BOP has a new tool authorized this summer as part of the Adam Walsh Act. BOP may now ?certify? prisoners as ?sexually dangerous persons? (SDP). Certification can occur prior to sentencing, or at any time after the commencement of …
Article • January 15, 2007 • from PLN January, 2007
Oklahoma Regulation Confiscating Money Order From Other Prisoner’s Family Upheld by Oklahoma Regulation Confiscating Money Order From Other Prisoner's Family Upheld The Tenth Circuit Court of Appeals has upheld an Oklahoma State Penitentiary (OSP) regulation that allows money sent to prisoners by a person on another prisoner's visitation list to …
Article • January 15, 2007 • from PLN January, 2007
Vermont DOC Agrees To Stop Punishing Self-Harming Prisoners by Michael Rigby On May 18, 2006, the Vermont Department of Corrections (VDOC) settled a class-action lawsuit by agreeing to stop punishing prisoners who harm themselves. The VDOC further agreed to implement training, retain consultants, and document the mental health assessments of …
Article • January 15, 2007 • from PLN January, 2007
Washington Prisoner Sues Over Bogus Disciplinary Actions; State Settles for $1,500 by The Washington State Department of Corrections (DOC) has paid one of its prisoners $1,500 to dismiss a civil rights action he filed after disciplinary actions taken against him were vacated for being unlawful. Lonnie Burton is a Washington …
Article • January 15, 2007 • from PLN January, 2007
5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense by Michael Rigby 5th Circuit Reverses Texas Prisoner's Disciplinary Conviction For "Non-Existent" Offense by Michael Rigby The U.S. Fifth Circuit Court of Appeals held there was no evidence to sustain a Texas prisoner's disciplinary conviction for assaulting a guard and …
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 …
Page 49 of 74. « Previous | 1 2 3 4 ... 45 46 47 48 49 50 51 52 53 ... 70 71 72 73 74 | Next »