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Article • July 15, 2000 • from PLN July, 2000
Brown Ad-Seg Due Process Claim Remanded for Hearing by Ronald Young Brown Ad-Seg Due Process Claim Remanded For Hearing By Ronald Young The Court of Appeals for the District of Columbia circuit held that a prisoner who received ten months of administrative segregation during a housing reassignment hearing did not …
Sixth Circuit Orders Retrial of Retaliation Suit by by Matthew T. Clarke The Sixth Circuit court of appeals has ordered the retrial of a lawsuit by the surviving mother of a deceased ex-prisoner against a guard who allegedly retaliated against her son because the mother requested the guard's name and …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
Article • July 15, 2000 • from PLN July, 2000
Iowa Supreme Court Holds Liberty Interest in Good Time Law by The Iowa supreme court held that Iowa prisoners have a due process liberty interest in their good time credits, but do not have a private cause of action under Iowa tort law for their negligent loss. Federal courts previously …
Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit by Ronald Young By Ronald Young The U.S. district court for the East- ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a …
New Mexico Supreme Court Rules in Disciplinary Hearing Remedies by As an issue of first impression, the New Mexico Supreme Court recently held that restoration of lost good-time credits and an order prohibiting another hearing were the proper remedies for a prison disciplinary infraction that violated a prisoner's right to …
Article • May 15, 2000 • from PLN May, 2000
522 Days in BOP Ad Seg States Due Process Claim by A federal district court in New York denied prison officials' motion for summary judgment, holding that defendants failed to establish as a matter of law that 28 C.F.R § 541.22 - the Bureau of Prisons (BOP) administrative segregation (ad …
Heck Does Not Bar Evidence in Shooting Case by Ronald Young The U.S. district court for the East ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a result of incident. Vincent Marquez, a California …
Article • May 15, 2000 • from PLN May, 2000
$880,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation by Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation The Second Circuit court of appeals has upheld the warrantless search of a prisoner's cell by guards acting for police detectives. $401 in damages was awarded for …
Article • May 15, 2000 • from PLN May, 2000
New Jersey Sex Offender Treatment Statute Creates Liberty Interest by The Third Circuit Court of Appeals reversed a district court's FRCP 12(c) dismissal of a prisoner's action stemming from a failure to provide sex offender treatment. The court held that the unique statutory scheme at issue created a liberty interest …
Circumstantial Evidence Sufficient to Defeat Summary Judgment by The Second Circuit Court of Appeals held circumstantial evidence in a retaliation claim is sufficient to defeat summary judgment in prison officials' favor. While confined at New York's Bare Hill Correctional Facility, prisoner Gregory Gayle filed a grievance stating he heard prison …
Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E Dannenberg Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E. Dannenberg The Sixth Circuit US Court of Appeals held that the "substantial or motivating factor" element required satisfying a Michigan prisoner's protected speech First Amendment …
Washington Prisoner May Not Challenge Underlying Infraction in Four Strike Disciplinary Violation by In the November 1998 issue of PLN we reported on In re Gronquist, 89 Wn.App. 596 P.2d 497 (WA Ct.App.Div.I 1997), where the Washington Court of Appeals granted Derek Gronquist's personal restraint petition alleging that he had …
Article • March 15, 2000 • from PLN March, 2000
No Liberty Interest in Erroneous Parole Release by Paul Wright The Court of Appeals for the Fourth Circuit, sitting en banc, held that a North Carolina prisoner had no liberty interest in remaining free when he was erroneously paroled, lived a law abiding life, and was then reimprisoned two years …
Washington DOC Settles Mail Censorship Suit by In early October, 1999, the Wash- ington Department of Corrections settled a wide ranging lawsuit challenging various aspects of its mail censorship policies. PLN reported the filing of the suit in its November, 1997, issue. The lawsuit had publisher plaintiffs Humanists of Washington, …
Lack of Evidence Bars Disciplinary Finding of Guilt by Lack of Evidence Bars Disciplinary Finding of Guilt Regardless of Punishment Imposed The court of appeals for the Ninth circuit held that it violates due process to find a prisoner "guilty" of violating a prison disciplinary rule when absolutely no evidence …
Article • December 15, 1999 • from PLN December, 1999
Ninth Circuit Vacates Previous Opinion Ruling PLRA's Provision Unconstitutional by Rules Taylor Not a Consent Decree In 1972, Eddie W. Taylor and George Yanich, Jr., Arizona state prisoners, filed class action suits under 28 U.S.C. § 2254 and 42 U.S.C. § 1983 challenging Arizona's prisoner behavior and discipline rules and …
Article • December 15, 1999 • from PLN December, 1999
Punitive Shackling Without a Hearing Okay by The court of appeals for the Eighth Circuit held that it does not violate the Eighth or Fourteenth amendment to chain and shackle a prisoner in his cell for 24 hours without first providing for a hearing or an opportunity to be heard. …
Sandin Does Not Apply to Pretrial Detainees by The Seventh Circuit court of appeals has held that a pretrial detainee may not be punished for his crime prior to conviction and that Sandin v. Conner, 515 U.S. 472 (1995), does not apply to suits by pretrial detainees. Ricky Joe Rapier …
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