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Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition by The Appellate Court of Illinois, Fourth District, held that prisoner in the Illinois Department of Corrections (DOC) had adequately stated causes of action for mandamus relief pertaining to disciplinary sanctions imposed against him. On September 11, 2002, William Cannon, Jr., a …
Article • April 15, 2005 • from PLN April, 2005
No Miranda Error During FBI Office Interrogation Where Parolee Knew He Was Free To Leave by by John E. Dannenberg An en banc panel of the Ninth Circuit U.S. Court of Appeals held that no Miranda violation occurred in failing to suppress an interrogee's statement taken in the office of …
Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause by The U.S. Court of Appeals for the Second Circuit has affirmed the U.S. District Court for the Southern District of New York's order denying prison officials' motion for summary judgment on qualified immunity grounds in a prison discipline case. …
Article • March 15, 2005 • from PLN March, 2005
Washington Community Custody Sanctions Upheld by The Washington State Court of Appeals for Division 2 has affirmed a trial court's imposition of sanctions for community custody violations, for which the State Department of Corrections (DOC) had previously sanctioned Michael David Collins. In January 2002, Collins was convicted of assault with …
Article • March 15, 2005 • from PLN March, 2005
Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by John E. Dannenberg The California Court of Appeals held that a drunk driver convicted of vehicular manslaughter was not constitutionally immune from the second …
Article • March 15, 2005 • from PLN March, 2005
Idaho Prisoner States Valid Retaliation Claim Against Parole Commission by Idaho Prisoner States Valid Retaliation Claim Against Parole Commission The Idaho Court of Appeals held that material fact issues regarding a prisoner's claim that he was retaliated against because of his litigious activities precluded summary judgment of his lawsuit against …
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 …
New York Prisoner's Retaliation Suit Remanded for Trial by The Second Circuit Court of Appeals has reversed a district court's grant of summary judgment to guards in a prisoner's retaliation suit. This action was filed by New York prisoner Anthony Bennett, alleging he was retaliated against for successfully prosecuting a …
New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court, Southern District of New York, held that prison officials violated a state prisoner's civil rights by revoking his temporary release program participation without a hearing …
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 …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Brief • November 17, 2004
Bailey v. MN DOC, MN, Plf Post Trial Memo, Inadequate Asl Interpreter, 2004 STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT Scott A. Bailey, Plaintiff, Case type: Other Civil File Number: C6-03-6996 v. Minnesota Department of Corrections, et al., Defendants. PLAINTIFF'S POST-TRIAL MEMORANDUM Respectfully submitted Minnesota Disability …
Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection by The Wisconsin Court of Appeals held that the Wisconsin Prison Litigation Reform Act's (WPLRA) prohibition against the recovery of costs and fees by prevailing prisoners does not violate equal protection. Daniel Harr, a prisoner of Wisconsin's "Supermax prison successfully pursued a …
Article • November 15, 2004 • from PLN November, 2004
Alaska Prisoners Cannot Challenge Conditions of Confinement Under State Post-Conviction Relief Statute by Roger Smith The Alaska court of appeals has dismissed a prisoner's suit challenging the conditions of his confinement in an Alaska prison under AS § 12.72.020(c), Alaska's post-conviction relief statute. This ruling came after the court found …
$10,000 Awarded in Colorado Magazine Confiscation by Bob Williams A Denver Federal Judge has awarded $10,000 plus costs and attorney fees to a state prisoner whose sexually explicit magazines were confiscated for content reasons. Michael Milligan, a prisoner in the Colorado Department of Corrections (CDOC), was transferred without warning from …
Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation by Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation The Third Circuit Court of Appeals held that prison officials' testimony in the prosecution of a prisoner was inadmissible hearsay and that it …
Washington Persistent Prison Misbehavior Statute Upheld by Division II of the Washington State Court of Appeals (Division II) has upheld RCW 9.94.070. The statute makes persistent "serious" prison misbehavior a Class C felony. Joseph Simmons was a Washington State prisoner serving time at the McNeil Island Correction Center situated near …
Article • August 15, 2004 • from PLN August, 2004
California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served by The Second Circuit Court of Appeals held that the amount of time a prisoner is sentenced to a Special Housing Unit (SHU) rather than the amount actually served is the determining factor to make a qualified immunity …
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