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Seventh Circuit Upholds False Disciplinary Charges; Due Process Violation in Transfer to Supermax Voluntarily Dismissed by The Seventh Circuit Court of Appeals affirmed a district court’s order dismissing a prisoner’s claim that guards violated his due process rights by fabricating a disciplinary charge and then finding him guilty based upon …
No Constitutional Violation For Wyoming Hermaphrodite's Ad Seg Placement by Bob Williams By Bob Williams The United States Court of Appeal for the Tenth Circuit has found no liberty interest arising from the placement of a hermaphrodite in administrative segregation (ad seg) for no other reason than sexual characteristics. The …
Article • November 15, 2008 • from PLN November, 2008
Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter A prisoner accused of smuggling a gun into a New Jersey prison two years ago was …
Article • October 15, 2008 • from PLN October, 2008
Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction by Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction The U.S. District Court for the Eastern District of New York has held that a federal prisoner, removed from the general …
Sandin Inapplicable to Pretrial Detainees by Procedural Due Process--Disciplinary Proceedings (920): Sandin does not apply to detainees, who are entitled to procedural due process in disciplinary proceedings. Here there was some evidence because staff said the plaintiff had confessed. Procedural Due Process--Administrative Segregation (921): Placement of an escape risk in …
Article • August 15, 2008
Obesity Upheld as Classification Criteria by The plaintiff's placement in administrative segregation and his transfer did not deny due process. Assuming he had a liberty interest in remaining in general population at the sending facility, he received due process under Helms v. Hewitt. Enhancing the level of his assaults for …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Court Rejects Disciplinary Habeas on Merits, Despite Time Bar by The plaintiff's habeas challenge to a disciplinary proceeding is time-barred under AEDPA, since the proceeding was concluded in 1997 and the plaintiff missed the one-year grace period provided by the statute. The court finds no authority supporting a requirement that …
Article • August 15, 2008
Nebraska Prisoner's Medical, Mental Suffering Resulting from Segregation Does Not Support Eighth Amendment Violation by Nebraska state prisoner Thomas Fleming brought a federal civil rights action in 2003 alleging violations related to conditions of confinement, due process, inadequate medical care, and inflicted dis-associative disorder. The district court dismissed his Eighth …
Seventh Circuit: Wisconsin Supermax Conditions Unconstitutional by by John E. Dannenberg PLN has oft reported on the psychologically debilitating conditions at the Wisconsin Department of Corrections’ supermax prison at Boscobel. [See, e.g., PLN, April 2002, p.1, Barbaric Conditions at Wisconsin Supermax Result in PI to Transfer Mentally Ill Prisoners]. The …
Publication • 2008
Libro de Referencia Sobre Aislamiento Solitario Sharon Shalev 2008 LIBRO DE REFERENCIA SOBRE AISLAMIENTO SOLITARIO POR SHARON SHALEV WWW .SOLITARYCONFINEMENT .ORG © SHARON SHALEV 2008 Libro de referencia sobre aislamiento solitario Por Sharon Shalev Centre for Criminology University of Oxford Manor Road Building, Manor Road Oxford OX1 3UQ, UK Sharon.Shalev@solitaryconfinement.org …
Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available by In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison. In 2001, Cornelius E. …
Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness by by Betsy Sterling After five years of litigation and two weeks of trial, the New York State Department of Correctional Services and Office of Mental Health have agreed to a settlement that establishes major improvements …
Prisoner Stated Claim Due Process, Conditions Of Confinement Suit by The U.S. Court of Appeals for the Fifth Circuit held that a Montgomery County, Texas, jail prisoner's pro se §1983 action alleging Eighth and Fourteenth Amendment violations stemming from his confinement in solitary and the conditions thereof stated a claim. …
Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies by United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies Alabama state prisoner Robert McCray filed a §1983 suit against state prison officials …
FL Ad-Seg Rules May Create Liberty Interest by The court of appeals for the Fifth Circuit held that regulations at the Florida State Prison in Starke may create a due process liberty interest. The regulations at issue provided for the placement of a prisoner on Close Management (CM) confinement. The …
Article • May 15, 2007
Sixth Amendment Not Violated by The U.S. Supreme Court has held that the Sixth Amendment right to counsel is not violated by placing prisoners in administrative segregation (ad seg) without counsel. In separate incidents, prisoners in the Federal Correctional Institution at Lompoc, California, were placed in ad seg for suspicion …
§ 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied by § 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied A Federal District Court in New York has held a prisoner's conditions of confinement and good time revocation claims stemming from …
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