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Detainees May Be Disciplined by The court of appeals for the first circuit has reversed a district court ruling that pretrial detainees may not, consistent with the constitution, be punished for misconduct in the jail. In the Dec. '94 issue of PLN we reported Collazo Leon v. US Bureau of …
Time Barred Dismissal Reversed by The court of appeals for the tenth circuit has held that a district court erred when it dismissed a prisoner's suit as being time barred when it was not clear from the face of the complaint if the applicable time limits had been tolled. David …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Supreme Court Guts Due Process for Prisoners by On June 20, 1995, the supreme court issued its five to four ruling in Sandin v. Conner. The ruling appears to be the most devastating legal setback prisoners have suffered in the Supreme Court since Turner v. Safley was decided in 1987. …
Denial of Witnesses Violates Due Process by A federal district court in New York has held that a prisoner's due process rights were violated at a disciplinary hearing when the hearing officer refused to call a guard as a witness and failed to interview the guard to determine what his …
Article • December 15, 1994 • from PLN December, 1994
BOP Can't Punish Detainees by Vladimir Collazo-Leon is a pretrial detainee in Puerto Rico, held by the federal Bureau of Prisons (BOP). While going to a visit he allegedly offered a jail guard a bribe if the guard would help him escape. The guard infracted Collazo and at a disciplinary …
No Right to Self-Defense in Prison by John Rowe is an Indiana state prisoner. A prisoner named Michael Evans was moved into a cell next to Rowe and Rowe complained to staff, who did nothing. Evans sent Rowe a note demanding sexual favors. The next morning Evans entered Rowe's cell …
2nd Cir. Declines to Rule on Informant Testimony by Jerome Russell is a New York state prisoner. He was infracted for allegedly assaulting another prisoner. At the disciplinary hearing the hearing, officer questioned the investigating guard who had provided statements from the victim and three informants who identified Russell as …
Infraction No Double Jeopardy Bar by Gene Newby and Raynaldo Barber were federal prisoners convicted in US District Court of assaulting and interfering with BOP guards. Prior to being criminally convicted they had been infracted and found guilty, in a prison disciplinary hearing, of the same charges. As a result …
Disciplinary Isolation Triggers Due Process by Prisoners suffered a violation of their due process rights when they were ordered into disciplinary isolation with out the notice and hearing procedures outlines in Wolff v. McDonnell, 418 U.S. 539 (1974), the Massachusetts Supreme Court held. The less demanding procedures prescribed in Hewitt …
Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …
Receiving State is Agent of Sending State; Qualified Immunity Examined by Receiving State Is Agent Of Sending State; Qualified Immunity Examined An Iowa prisoner was under punitive segregation when he was transferred to the Texas prison system and released to the general population. When he was later transferred back to …
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