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California Rules Violation for "Repeated Pattern" Must Involve Same Offense
Article • May 15, 2004 • from PLN May, 2004
Filed under: Disciplinary Hearings, Legality of Rules
California Rules Violation for "Repeated Pattern" Must Involve Same Offense by California Rules Violation For "Repeated Pattern" Must Involve Same Offense The California Court of Appeal held that the California Department of Corrections' (CDC) regulation elevating a repeat infraction of an "administrative" violation to the level of a "serious" rules …
Denial of Grievance Forms Excuses Failure to Exhaust
Article • May 15, 2004 • from PLN May, 2004
Filed under: Retaliation for Filing Grievances, Retaliatory Discipline, Sewage, Vermin, Administrative Exhaustion (PLRA), Physical Injury Rule, Damages, Complaints, Mental Health
Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …
Thirty Years in Segregation May State Claim
Article • April 15, 2004 • from PLN April, 2004
Filed under: Disciplinary Hearings, Liberty Interests, Qualified Immunity, Ad-Seg Hearings
Thirty Years in Segregation May State Claim by Michael Rigby The United States Court of Appeals for the Fifth Circuit upheld the denial of prison authorities' motion to dismiss based on qualified immunity because no proper determination was made as to whether prisoners' over 30 years of confinement in extended …
Texas Prisoners Have Right to Judicial Review of Administrative Finding
Article • April 15, 2004 • from PLN April, 2004
Filed under: Disciplinary Hearings, Disciplinary Litigation, Administrative Exhaustion, Prisoner Property
Texas Prisoners Have Right to Judicial Review of Administrative Finding by Texas Prisoners Have Right to Judicial Review of Administrative Finding A Texas state court of appeals has held that Texas state prisoners have a right to a judicial review of an administrative finding of destruction of state property in …
Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983
Article • April 15, 2004 • from PLN April, 2004
Filed under: Disciplinary Hearings, Disciplinary Litigation, Parole
Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983 by Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983; U.S. Supreme Court Grants Review Bringing itself into line with its sister circuits, the en banc U.S. Sixth Circuit Court of Appeals held that Ohio prisoners may challenge parole …
§ 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot
Article • April 15, 2004 • from PLN April, 2004
Filed under: Disciplinary Hearings, Disciplinary Litigation, Habeas Corpus, Wrongful Imprisonment
§ 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot by John E Dannenberg § 1983 Disciplinary Challenge Available To Parolee Because Habeas Would Be Moot by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a prisoner suing under 42 U.S.C. § 1983 for …
Book Review: The Disciplinary Self-Help Litigation Manual: A Guided Tour of Wonderland
Article • February 15, 2004 • from PLN February, 2004
Filed under: Reviews, Disciplinary Hearings, Disciplinary Litigation, Disciplinary Strategies, Habeas Corpus
Book Review: The Disciplinary Self-Help Litigation Manual: A Guided Tour of Wonderland by Stuart G. Friedman by Dan Manville, 350 pages, paperback Review by Stuart G. Friedman As any criminal litigator knows, dealing with prison issues feels like jumping through the looking glass and into Wonderland. Despite court statements suggesting …
Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal
Article • January 15, 2004 • from PLN January, 2004
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Witnesses (Disciplinary Hearings)
Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal by Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal The U.S. Sixth Circuit Court of Ap- peals has reversed and remanded a jury verdict and damages award in favor of an Ohio prisoner who claimed that he had …
No Presumption of Collateral Consequences from California Disciplinary Proceeding
Article • January 15, 2004 • from PLN January, 2004
Filed under: Disciplinary Litigation, Sanctions (Disciplinary Hearings), Escapes, Habeas Corpus, International Law, Visiting, Extended Family Visiting
No Presumption of Collateral Consequences from California Disciplinary Proceeding by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Ap- peals held that in a 28 U.S.C. § 2254 habeas proceeding, a guilty finding in a California state prison disciplinary proceeding would not be accorded a …
Wisconsin Prisoners' Riot Charges Expunged From Records
Article • January 15, 2004 • from PLN January, 2004
Filed under: Classification, Out of State Transfers, Prison Rebellion, Disciplinary Litigation, Hearing Officers, Injunctions
Wisconsin Prisoners' Riot Charges Expunged From Records by The Wisconsin Court of Appeals has affirmed a circuit court's order overturning and expunging seven prisoners' disciplinary infractions for participating in a riot, barring future disciplinary action premised upon the riot, but allowing proceedings for future administrative confinement for involvement in the …
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim
Article • January 15, 2004 • from PLN January, 2004
Filed under: Hepatitis, Sanctions (Disciplinary Hearings), Drug Testing, Civil Procedure, Parties, Qualified Immunity, Supervisory Liability
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E. Dannenberg A U.S. district court in New York has held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied …
Pool Cue Not a Weapon, Says Second Circuit
Article • January 15, 2004 • from PLN January, 2004
Filed under: Disciplinary Hearings, Notice of Rules, Legality of Rules
Pool Cue Not a Weapon, Says Second Circuit by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a federal prisoner's disciplinary appeal after finding that a pool cue, per se, was not a weapon. In August 1999 while enjoying a game of pool, …
Successive Petition Habeas Rule in Parole and Disciplinary Cases
Article • January 15, 2004 • from PLN January, 2004
Filed under: Disciplinary Hearings, Disciplinary Litigation, Parole, Habeas Corpus
Successive Petition Habeas Rule in Parole and Disciplinary Cases by Successive Petition Habeas Rule in Parole and Disciplinary Cases The Seventh and Ninth U.S. Circuit Courts of Appeal, in unrelated cases, have construed and applied the "second or successive petition" rule of 28 U.S.C. § 2244(b). The rule requires that …
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus
Article • January 15, 2004 • from PLN January, 2004
Filed under: Disciplinary Litigation, Sanctions (Disciplinary Hearings), Civil Procedure, Limitations, Good Time, Parole, Habeas Corpus
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Matthew T. Clarke The Fifth Circuit court of appeals has held that prisoners whose mandatory release dates are adversely affected by a change in …
Immunity Granted to Wisconsin Sex Offenders in Treatment
Article • January 15, 2004 • from PLN January, 2004
Filed under: Sex Offenders (Discrimination), Disciplinary Hearings, Self Incrimination, Probation, Sex Offender Treatment
Immunity Granted to Wisconsin Sex Offenders in Treatment by Immunity Granted to Wisconsin Sex Offenders in Treatment The Wisconsin Supreme Court has held that Gary Tate is entitled to immunity for statements made at court imposed sex offender treatment, and the revocation of his probation for refusing to make admissions …
$500 Paid in WA Failure to Protect Case
Article • December 15, 2003
Filed under: Disciplinary Hearings, Malicious Prosecution, Legality of Rules, Failure to Protect (General)
$500 Paid in WA Failure to Protect Case by Scott W. Skylstad was transferred to another unit within the Washington State Penitentiary after guards received a death threat against him. However, the unit he was moved to was the same one the threat came in the mail from. Despite repeated …
Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements
Article • December 15, 2003
Filed under: Work Strikes, Disciplinary Litigation, Informants (Disciplinary Hearings), Notice of Charges, Evidence, Presence at Hearing, Qualified Immunity, Control Units/SHU/Solitary Confinement, Ad-Seg Hearings
Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements by David Reutter Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements By David M. Reutter The Second Circuit Court of Appeals has held that prison officials, in assessing the reliability …
Probable Cause Determinations Required Within 48 Hours Of Warrantless Arrest
Article • December 15, 2003
Filed under: Disciplinary Hearings, Prompt Hearings, Arrest Warrants
Probable Cause Determinations Required Within 48 Hours Of Warrantless Arrest by The U.S. Supreme Court held that probable cause determinations for warrantless arrests must be conducted within 48 hours, regardless of intervening weekends or holidays. Donald McLaughlin. brought 42 U.S.C. § 1983 action against Riverside County (California) and county officials …
Uncooperative Prisoner Removed From Disciplinary Hearing
Article • December 15, 2003
Filed under: Disciplinary Hearings, Presence at Hearing
Uncooperative Prisoner Removed From Disciplinary Hearing by The Eleventh Circuit Court of Appeals held that a state prisoner who is recalcitrant to disciplinary hearing formalities may be removed from a prison disciplinary hearing without violating his rights. Freddie Battle, a Florida state prisoner, was found to be in possession of …
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit
Article • November 15, 2003 • from PLN November, 2003
Filed under: Retaliation for Litigating, Disciplinary Hearings, Retaliatory Discipline, False Charges (Disciplinary Hearings), Filing Fees (PLRA), Frivolous Litigation
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit by by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts. Angel Martinez Vacca, a Texas state prisoner, filed …
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