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Right to Interpreter and Witnesses at NY Disciplinary Hearings by A New York state appeals court held that prisoners in that state have a right to accurate translations of disciplinary proceedings and the right to call witnesses at those hearings. Paul Santana, a non English speaking Hispanic prisoner was infracted …
Prisoner Has Right to call Disciplinary Witnesses by Prisoner Has Right to Call Disciplinary Witnesses The court of appeals for the Third circuit held that a Pennsylvania prisoner was entitled to call witnesses on his behalf at a prison disciplinary hearing. Prison official's refusal to provide for the witnesses was …
Article • May 15, 2007
Ban on Disciplinary Hearing Witnesses Struck Down by The court of appeals for the Ninth circuit held that prisoners have a right to call live witnesses at disciplinary hearings. The court held that a blanket Oregon prison rule banning all live witnesses at disciplinary hearings was unconstitutional. Rules in question …
Supreme Court: No Right to Counsel or Cross Examination in Disciplinary Hearings by Baxter v. Palmigiano consolidates two separate actions, 74-1194 & 74-1187, in which state prisoners filed civil rights suits as a result of prison disciplinary procedures. Action no. 74-1194 was filed by prisoners in California's San Quentin prison …
Reasons for Refusing to Call Witnesses Need Not Be Documented by The U.S. Supreme Court vacated and remanded a lower court's ruling that a prison disciplinary board's reason for refusing to call requested witnesses must be part of the official hearing record. The ruling resulted from a complaint filed by …
Disciplinary Hearing Witness Cannot be Denied Because of Prisoner's Race by The Ninth Circuit Court of Appeals held that although a California prisoner did not have a due process right to remain free from administrative segregation, he did have an equal protection right not to have a witness barred from …
Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing by Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing The Seventh Circuit Court of Appeals has held that a prisoner is entitled to have live testimony presented at a prison disciplinary hearing, and prison officials' refusal …
§1983 Remedies Only Federal Law, Right to Witnesses at Hearing by After a New York state prisoner brought a §1983 action alleging constitutional violations at his prison disciplinary hearing, the U.S. District Court for the Western District of New York held: 1) The prisoner's civil rights were not violated by …
New Jersey DOC Must Clarify Disciplinary Hearing Record by The Supreme Court of New Jersey remanded a prison disciplinary proceeding to the state Department of Corrections for clarification of whether a prisoner was denied the opportunity to cross-examine and confront witnesses. Gallimore McDonald, a New Jersey state prisoner, was charged …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
Written Statements Not A Substitute For Live Testimony by The U.S. District Court for the Eastern District of Michigan held that a Michigan state prisoner should have been allowed to (a) call witnesses at his disciplinary hearing and (b) review documents relevant to the disciplinary charge. Wesley King was charged …
$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 …
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: …
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 …
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 …
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 …
Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack by Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack The Washington Court of Appeals, Division III, held that the Department of Corrections (DOC) may not conduct a rehearing of a prison disciplinary …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by John E Dannenberg Section 1983 May Be Used To Challenge Disciplinary Hearings Not Affecting Total Length of Confinement by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals joined four other circuits in holding …
Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing by David Reutter Exculpatory Evidence Must be Disclosed at Prison Disciplinary Hearing by David M. Reutter The Seventh Circuit Court of Appeals has held that a prisoner is entitled to receive exculpatory evidence in a prison disciplinary hearing when a liberty …
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