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305 Days in New York SHU Is Atypical by 305 Days in New York SHU is Atypical. The Court of Appeals for the Second Circuit held that 305 days in segregation is an "atypical and significant hardship" within the meaning of Sandin v. Conner , 515 U.S. 472, 115 S.Ct. …
Pelican Bay Guard's Conviction Upheld by Willie Wisely by W. Wisely Jose Garcia was a guard at California's Pelican Bay prison. With his supervisor, Mike Powers, Garcia plotted with prisoner shotcallers to have convicted child molesters, sex offenders, and informants stabbed or beaten. The conspiracy ran from January 1994 to …
New Jersey Prisoners' Disciplinary Convictions Reversed on Due Process Violations by The Appellate Division of the New Jersey Superior Court reversed two separate prison disciplinary matters after finding that two state prisoners were denied due process protections limiting the use of confidential informants and confidential information. Andrew Daley, a prisoner …
Retaliatory Infraction Creates Heck Exception by The Court of Appeals for the Seventh Circuit held a prisoner may bring a 42 U.S.C. §1983 action upon a claim of retaliatory disciplinary action even when the underlying disciplinary action has not been overturned. Illinois prisoner Anthony Dewalt sued various officials at Dixon …
Oklahoma Good Time Rule Violates Ex Post Facto by The Tenth Circuit Court of Appeals held that an amended Oklahoma Department of Corrections (ODOC) regulation that rescinded earned good time credits violates the Ex Post Facto Clause. Prisoner Steve A. Smith filed a petition for writ of habeas corpus challenging …
Article • July 15, 2001 • from PLN July, 2001
Kansas Conditional Release Is Mandatory by Kansas Conditional Release is Mandatory The Kansas state court of appeals held that the parole hoard could not rescind parole revocation and convert it to a conditional release revocation. The court also held that the retroactive application of a rule governing withholding of good …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that could have an impact on prisoners who provide (free of charge) legal assistance to other prisoners. In this column, I discuss this new case and its implications. In April, the Court unanimously decided that …
Failure to Notify Prisoner of Hearing Violates Procedural Rights by The Supreme Court of Wisconsin found that when prison officials ignore their own rules requiring a prisoner to be notified of the date, time, and location of disciplinary proceedings against him, the prisoner's fundamental rights are violated and the disciplinary …
Texas Prisoners Have Liberty Interest in Mandatory Supervision by The court of appeals for the Fifth Circuit has held that eligible Texas state prisoners have a liberty interest in release on mandatory supervision. Dobber Graham Malchi, a Texas state prisoner, filed a federal habeas corpus action challenging a prison disciplinary …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners May Challenge Discretionary Mandatory Release Procedures by The Texas Court of Criminal Appeals has held that Texas prisoners have the right to use a state habeas corpus action under Article 11.07, Texas Code of Criminal Procedure, to challenge the procedures used to deny them mandatory release. David Lee …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by A federal district court in New York has reinstated the malicious prosecution claim in Scott v. Coughlin and allowed trial to proceed on the issue of whether the denial of three requested witnesses at …
Disciplinary Hearing Reversed for Failure to View Videotape by In two separate rulings a U.S. District Court set aside an Indiana State Prison Conduct Adjustment Board's (CAB) findings of guilt and punishment after determining that the CAB violated a prisoner's due process rights when it denied his request to review …
Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
Due Process Violation, Plain Error Reverse Marijuana Conviction by The Michigan Supreme Court reversed a state prisoner's conviction for possession of marijuana after finding that the prosecution had improperly introduced inculpatory statements made by the defendant at an earlier prison disciplinary hearing. Raymond Wyngaard was a prisoner of Michigan's Kinross …
Article • May 15, 2001 • from PLN May, 2001
Second Circuit Cautions District Courts To Use Proper Sandin Analysis by Acourt of appeals for the SecondDistrict has, once again, cautioned the district courts against using an improper analysis when analyzing conditions in Special Housing Units to determine whether a liberty interest is implicated under Sandin v. Canner, 515 U. …
Homemade Paper Spear Is Not a Deadly Weapon by Homemade Paper Spear is Not a Deadly Weapon The Washington state Court of Appeals held that a spear, made from paper rolled into a rigid shaft and tipped with a golf pencil, used to jab a guard through prisoner's cell door …
PRP Proper to Challenge Some WA Disciplinary Orders by The Washington state Court of Appeals held that it was proper to utilize a personal restraint petition (PRP) to challenge prison disciplinary sanction ordering disciplinary segregation and lose of good time credits. Raymond McVay, a prisoner of the Washington State Penitentiary, …
Welfare Retaliation Suit Reinstated by Walter Friedl, a New York state prisoner, filed a §1983 action complaining that New York City and State officials had improperly revoked his work release program and reincarcerated him because he applied for welfare benefits. The City of New York settled for $20,000 while the …
Article • April 15, 2001 • from PLN April, 2001
Second Circuit Discusses Qualified Immunity in Disciplinary Case by Second Circuit Discusses Qualified Immunity In Disciplinary Case The Second Circuit has with drawn its previous decision in Horne v. Coughlin, 155 F.3d 26 (2nd Cir. 1998), substituting an opinion that does not determine whether a mentally retarded prisoner has a …
Article • March 15, 2001 • from PLN March, 2001
U.S. Isolates Political Prisoners by Ronald Young Two recent federal appeals court decisions highlight some of the repressive measures used by U.S. authorities to isolate and silence political dissenters. Though the methods used by the two political prisoners involved in these cases may be distasteful to some people, Americans must …
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