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Article • April 15, 2002 • from PLN April, 2002
Consecutive Ad Seg Placements From Same Cause Are Aggregated for "Atypical Hardship" Analysis by John E Dannenberg Consecutive Ad Seg Placements From Same Cause Are Aggregated For "Atypical Hardship" Analysis The Second Circuit U.S. Court of Appeals held that where a prisoner suffered 670 days of administrative segregation (Ad Seg) …
California Prison Guards Protected in Criminal Investigation by A recent case before the First Appellate District of California demonstrates the political clout of the California Correctional Peace Officers' Association (CCPOA), and the sweetheart treatment that clout buys. That clout enabled CCPOA to win a preliminary injunction against the California Department …
Article • February 15, 2002 • from PLN February, 2002
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs by Two recent appellate decisions from the Second and Sixth Federal Circuits have upheld the validity of the PLRA's taxation of costs against unsuccessful prisoner litigants, 28 U.S.C. §1915(f). The Second Circuit ruled that taxation of costs could be …
Balisok Bars Privacy Act Claim by The U.S. Court of Appeals for the District of Columbia has held that a prisoner must succeed on habeas corpus before suing under the Privacy Act (PA), 5 U.S.C. § 552(a), if the suit would undermine a disciplinary change against the prisoner if successful. …
Indiana Creates Liberty Interest in Good Time Credits by The Court of Appeals for the Seventh circuit held that Indiana prisoners have a state created liberty interest in their good time credits, and the rate of earning such credits, requiring due process before the credits or classification could be changed. …
Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling by John E Dannenberg Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the …
Article • January 15, 2002 • from PLN January, 2002
Michigan Disciplinary Hearing Class Action Settled by A federal district court in Michigan has approved a proposed settlement agreement in a classaction lawsuit against the Michigan Department of Corrections (MDOC). The Court also modified class representation. In 1996, Richard Heit and two others filed a complaint on behalf of themselves …
Eighth Circuit Applies Turner Test to Control Unit Conditions Case by In the first case to apply the "Reasonable Relationship" Test of Turner v. Safley , 482 U.S. 78, 107 S.Ct. 2254 (1987), to a conditions of confinement case, the Eighth Circuit Court of Appeals remanded a district court's decision …
Damages Awarded in Ohio Disciplinary Suit by A federal district court in Ohio held that a trial was required to determine if a prisoner was improperly denied the right to call witnesses at a disciplinary hearing. The Court also held that the suit was not barred by the PLRA or …
Article • November 15, 2001 • from PLN November, 2001
Sandin Retroactive, But Not for Qualified Immunity; BOP Ad Seg Rule Creates Liberty Interest by The Court of Appeals for the Second Circuit held that a federal prisoner's due process rights were violated when he was placed in segregation without notice or a hearing and kept there for some 514 …
Jailhouse Lawyering Protected; Frivolous Claims Are Not by John E Dannenberg by John E. Dannenberg The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can …
Male Prisoner Settles Guard Rape Suit for $6,000 by On November 22, 2000, Raymond Holmes, a Washington state prisoner, settled a civil rights suit against Washington prison employees. In 1997_98, while imprisoned at the Washington State Penitentiary (WSP) in Walla Walla, Holmes was repeatedly forced to perform nonconsensual sexual acts …
Damages in Denial of Exercise Suit Reversed by The Seventh Circuit Court of Appeals, in a harshly worded opinion, reversed an Illinois federal district court judgment that a one-year loss of yard privileges suffered by a prisoner in disciplinary segregation was cruel and unusual punishment. Alex Pearson is a prisoner …
PLRA Does Not Apply to Habeas Corpus Actions by The Court of Appeals for the Sev-enth Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are …
No Due Process for Washington Sex Offender Registration by No Due Process For Washington Sex Offender Registration The Washington Supreme Court held that sex offenders are not entitled to notice or a hearing prior to being assigned a registration level. In 1990, the Washington State Legislature enacted the Community Protection …
Kansas Disciplinary Restitution Orders Authorized by The Kansas Court of Appeals affirmed a district court judgment, reducing the amount of restitution assessed against two prisoners for disciplinary rule violations, from $1,956.75 to $1,104.68 per prisoner. In doing so, the court concluded that the Department of Corrections has the authority to …
Dismissal of Washington Persistent Prison Misbehavior Charge Upheld by The Washington Supreme Court has affirmed the dismissal of a persistent prison misbehavior charge because the Department of Corrections (DOC) failed to properly promulgate its list of serious infractions, one of which formed the basis of the charge. In doing so, …
Kansas 2-Year Visiting Restriction Unauthorized by The Kansas Court of Appeals held that a 2 year suspension of a prisoner's visiting privileges was not authorized by the visiting rules. Derrick Davis, a prisoner at Lansing Correctional Facility received two disciplinary reports alleging that he engaged in lewd conduct with his …
Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible by The Seventh Circuit Court of Appeals reversed the District Court's dismissal of Illinois prisoner Terry Johnson's 42 USC §1983 complaint wherein he complained nurse Debbie Stovall filed false disciplinary charges against him in retaliation for his having filed a …
Retaliation Claim Not Foreclosed by Sandin by The Court of Appeals for the Third Circuit held that a prisoner's civil rights complaint for damages due to administrative segregation placement was not foreclosed by the U.S. Supreme Court's Sandin "atypical hardship" rule, when the administrative segregation placement was alleged to be …
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