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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 …
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 …
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