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Trial Required in Pennsylvania Guard Beating
Article • November 15, 2003 • from PLN November, 2003
Filed under: Racial Discrimination, Retaliation for Filing Grievances, Retaliatory Discipline, Eighth Amendment, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Defenses
Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …
Gosciniak v. Sacramento County, CA, Plaintiff's Reply to Motion for New Trial, 2003
Brief • November 3, 2003
Filed under: Injury -- Misc., Evidence
Gosciniak v. Sacramento County, CA, Plaintiff's Reply to Motion for New Trial, 2003 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 1300 Clay Street, Suite 600 Oakland, California 94612 Telephone: (510) 622-7788 Fax: (510) 482-3873 Attorneys for Plaintiff UNITED STATES DISTRICT COURT …
Michigan Visiting Rules Upheld by U.S. Supreme Court
Article • October 15, 2003 • from PLN October, 2003
Filed under: Disciplinary Hearings, Sanctions (Disciplinary Hearings), Fathers in Prison, Mothers in Prison
Michigan Visiting Rules Upheld by U.S. Supreme Court by Robert Woodman On June 16, 2003, the United States Supreme Court unanimously upheld visiting restrictions imposed by the Michigan Department of Corrections (MDOC). The decision reverses contrary rulings by the U.S. Sixth Circuit Court of Appeals and a Michigan federal district …
Washington Retaliation Suit Settled for $2,500
Article • October 15, 2003 • from PLN October, 2003
Filed under: Retaliation for Litigating, Retaliation for Filing Grievances, Prison Industries, Disciplinary Hearings, Retaliatory Discipline, Disclosure of Records
Washington Retaliation Suit Settled for $2,500 by On February 27, 2002, the Washington DOC settled a prisoner claim of retaliation for his having filed a grievance and a lawsuit, for $2,500. Airway Heights Correctional Center prisoner Douglas Gallagher was employed in the food factory production facility on a day when …
900 British Prisoners Freed Following Court Ruling
Article • August 15, 2003 • from PLN August, 2003
Filed under: Disciplinary Hearings, Counsel, International Law, Prisoners-International
900 British Prisoners Freed Following Court Ruling by On July 26, 2002, nine hundred prisoners in England and Wales had to be set free after the European Court of Human rights unanimously ruled that extending prisoners' imprisonment for disciplinary violations without allowing them legal representation violated Article 6 of the …
Eighth Circuit: BOP Prisoners Have No Liberty Interest in Visits
Article • July 15, 2003 • from PLN July, 2003
Filed under: Disciplinary Hearings, Sanctions (Disciplinary Hearings), Injunctions, Qualified Immunity
Eighth Circuit: BOP Prisoners Have No Liberty Interest in Visits by by Matthew T. Clarke The Eighth Circuit court of Appeals held that the suspension of a prisoner's visitation rights with his wife and two other women for eighteen months was not a significant and atypical hardship and therefore did …
Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing
Article • July 15, 2003 • from PLN July, 2003
Filed under: Liberty Interests, Civil Procedure, Mootness, Parole
Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing by The Washington Supreme Court recently reaffirmed its well-settled rule that parolees need not establish prejudice when challenging the Indeterminate Sentence Review Board's ("ISRB") parole decisions based on procedural violations. Because the Court of Appeals erroneously required a showing …
Favorable Termination Rule Inapplicable to Conditions Claims
Article • July 15, 2003 • from PLN July, 2003
Filed under: Disciplinary Litigation, Liberty Interests, Mental Health
Favorable Termination Rule Inapplicable to Conditions Claims by The Third Circuit Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364 (1994), and Edwards v. Balisok, 520 U.S. 641, 117 S.Ct. 1584 (1997), does not apply to claims that implicate only …
"Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2)
Article • June 15, 2003 • from PLN June, 2003
Filed under: Disciplinary Hearings, Disciplinary Litigation, Sanctions (Disciplinary Hearings), Complaints
"Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2) by "Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2) The Tenth Circuit Court of Appeals has found that a claim that 75 days in punitive segregation is atypical and significant cannot be dismissed by the district …
Disciplinary Boards are not "State Courts" Under AEDPA
Article • May 15, 2003 • from PLN May, 2003
Filed under: Disciplinary Hearings, Evidentiary Ruling (Disciplinary Hearings)
Disciplinary Boards are not "State Courts" Under AEDPA by Disciplinary Boards are not "State Courts" Under AEDPA The Seventh Circuit Court of Appeals held that prison disciplinary boards are not "state courts" for purposes of 28 U.S.C. § 2254(e)(1). As such, "the state may not benefit from § 2254 (e) …
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified
Article • April 15, 2003 • from PLN April, 2003
Filed under: Retaliation for Litigating, Nervous System, Disciplinary Hearings, Legality of Rules, Retaliatory Discipline, Grooming Rules, Complaints
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified by The Ninth Circuit Court of Appeals held that factual issues precluded summary judgment on a prisoner's free speech claim and that dismissal with prejudice of his remaining claims was an abuse of discretion. Idaho prison regulations require prisoners to shave daily. …
Sandin Applied to Wisconsin Sexual Offender Civil Commitment
Article • March 15, 2003 • from PLN March, 2003
Filed under: Liberty Interests, Conditions of Confinement, Transportation, Restraints, Civil Commitment
Sandin Applied to Wisconsin Sexual Offender Civil Commitment by In analyzing a district court's order finding Richard Thielman, a sexual offender civil committee, did not have a liberty interest from being restrained by waistchains, blackbox, and leg irons when being transported outside the Wisconsin Resource Center for medical treatment, the …
Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas
Article • March 15, 2003 • from PLN March, 2003
Filed under: Disciplinary Hearings, Hearing Officers, Disciplinary Appeals, Habeas Corpus
Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas by The court of appeals for the Seventh circuit held that a prisoner's failure to present his claim of hearing officer bias in an administrative appeal waived the claim on habeas review. Steven Eads, an Indiana state prisoner, was …
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim
Article • February 15, 2003 • from PLN February, 2003
Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, Evidentiary Ruling (Disciplinary Hearings), Polygraphs, Summary Judgment, Ad-Seg Hearings
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim by Conclusory Allegations Held Not "Some Evidence" in Prisoner Retaliation Claim The Eighth Circuit Court of Appeals has held that conclusory statements referencing investigative reports not in the record cannot be used by prison officials as "some evidence" to show …
New York Prisoner's Denial of Exercise Claim Set for Trial
Article • November 15, 2002 • from PLN November, 2002
Filed under: Retaliation for Filing Grievances, Witnesses (Disciplinary Hearings), Exercise, Restraints, Summary Judgment, Qualified Immunity, Supervisory Liability, Control Units/SHU/Solitary Confinement
New York Prisoner's Denial of Exercise Claim Set for Trial by The United States District Court for the Southern District of New York has denied summary judgment in part to high-ranking officials of the New York Department of Correctional Services (DOGS) and to a prisoner plaintiff and has set for …
Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes
Article • November 15, 2002 • from PLN November, 2002
Filed under: Disciplinary Litigation, Civil Procedure, Appeals, Mootness, Habeas Corpus
Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes by Prison Disciplinary Boards not "Courts" for Habeas Corpus Purposes The Seventh Circuit Court of Appeals has held conclusively that prison disciplinary boards lacking a true judicial review process are not "courts" within the meaning of 28 U.S.C. §2254(d), as amended …
Supreme Court Upholds Forced Confessions in Kansas Sex Offender Treatment
Article • October 15, 2002 • from PLN October, 2002
Filed under: Disciplinary Hearings, Self Incrimination, Sex Offender Treatment, Civil Commitment
Supreme Court Upholds Forced Confessions in Kansas Sex Offender Treatment by Bob Williams In a 54 decision, the United States Supreme Court has decided that a convicted sex offender's Fifth Amendment privilege against compulsory selfincrimination is not violated by a treatment program that requires admitting to all past sexual behavior. …
Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary
Article • October 15, 2002 • from PLN October, 2002
Filed under: Disciplinary Hearings, Disciplinary Litigation, Counsel, Administrative Exhaustion, Habeas Corpus
Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary by The Supreme Court of Kansas held that prisoners are not required to exhaust administrative remedies before petitioning for a writ of habeas corpus. The court also held that neither due process nor regulations of the …
PLRA Allows California Religious Preliminary Injunction
Article • September 15, 2002 • from PLN September, 2002
Filed under: Prison Labor, Legality of Rules, Injunctions (PLRA), Standing, Preliminary Injunctions/TRO's, Appeals, Religious Freedom, Denial of Religious Services, Sabbaths
PLRA Allows California Religious Preliminary Injunction by David Reutter by David M. Reutter The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction …
Massachusetts Supreme Court Upholds Ban on Prisoner PAC
Article • September 15, 2002 • from PLN September, 2002
Filed under: Voting, Disciplinary Hearings, Legality of Rules
Massachusetts Supreme Court Upholds Ban on Prisoner PAC by The Massachusetts Supreme Court has upheld summary judgment against the Massachusetts Prisoners Association Political Action Committee (MPAPAC). The court also upheld disciplinary sanctions by the Massachusetts Department of Corrections (DOC) against MPAPAC cofounder Michael Shea. The ruling largely destroys MPAPAC. Shea, …
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