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Denial of Exercise Is "Atypical and Significant" by Denial of Exercise Is "Atypical and Significant" The U.S. court of appeals for the Eleventh Circuit held that Florida state prisoners, who are being held in Close Management (CM) status, have a state-created liberty interest in outdoor exercise, which is protected by …
Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures by When the Tennessee legislature passed the Private Prison Contracting Act of 1986, codified at TCA § 41-24- 101 to 115, the following provision was included: "No contract for correctional services shall authorize, allow or imply a delegation of the authority or …
Article • September 15, 1999 • from PLN September, 1999
Wright Dismissed on Remand by In the July, 1998, issue of PLN we reported Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998). The case involves a New York state prisoner who spent 288 days in segregation after being infracted for participating in a prison rebellion. A state court reversed …
Article • September 15, 1999 • from PLN September, 1999
Liberty Interest in Erroneous Parole Release by Ronald Young The court of-appeals for the Fourth circuit held that a parolee's interest in his continued liberty crystallized during his two years of successful parole, even though he had been released in error, requiring strict scrutiny of the State's intentional infringement of …
Article • August 15, 1999 • from PLN August, 1999
Heck Doesn't Apply After Release from Prison by A federal district court in Louisiana held that prisoners released from prison need not have a court ruling in their favor before challenging prison disciplinary hearings via 42 U. S. C. § 1983. Jimmy White, a Louisiana state prisoner, was infracted for …
Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters by The court of appeals for the D. C. Circuit held that Spanish-speaking prisoners have no right to qualified interpreters at parole hearings, disciplinary hearings, or for medical and mental health treatment. Spanish-speaking prisoners in the District of Columbia (District) …
Article • August 15, 1999 • from PLN August, 1999
No Liberty Interest in Illinois Parole Laws by The court of appeals for the Seventh circuit held that Illinois prisoners have no liberty interest in parole. In doing so, the court overruled a prior ruling that had held otherwise. Two Illinois state prisoners filed a habeas corpus petition in federal …
Article • July 15, 1999 • from PLN July, 1999
376 Days in New York Seg "Atypical and Significant" Hardship by 376 Days in New York Seg "Atypical and Significant" Hardship Afederal district court in New York held that a state prisoner's 376-day confinement in segregation was an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
Edwards No Bar to Seg Suit by Afederal district court In Michigan held that a retaliatory infraction lawsuit could be pursued via 42 U.S.C. § 1983 even though the disciplinary bearing result bad not been invalidated. The court also held that the plaintiff's claim that a guard had threatened to …
New York Work Release Suit Dismissed by In the February, 1997, issue of PLN we reported Roucchio v. Coughlin, 923 F. Supp. 360 (ED NY 1996), which held that New York prisoners may have a due process liberty interest in work release status. In this ruling, the same court held …
Article • July 15, 1999 • from PLN July, 1999
Liberty Interest in Parole-Required Custody Classification by Liberty Interest In Parole-Required Custody Classification A federal district court in Massachusetts held that depriving a prisoner of eligibility for minimum security classification, when it's a necessary prerequisite for parole consideration, violated the prisoner's equal protection right to be treated as other prisoners …
Infraction Inadmissable at Criminal Trial by The court of appeals for the Seventh circuit held that a district court erred when it admitted testimony on the outcome of a prison disciplinary hearing in a criminal trial on the same charges. Anthony Thomas was convicted in federal court of mailing death …
Article • July 15, 1999 • from PLN July, 1999
$660,000 Awarded in Post-Sandin Segregation Suit by On February 26, 1999, a federal jury in Rochester, New York, awarded New York state prisoner David McClary $660,000 in damages after finding he was improperly held in administrative segregation for over four years. In the March, 1999, issue of PLN we reported …
Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …
Interstate Compact Violations Not Cognizable Under § 1983 by Interstate Compact Violations Not Cognizable Under § 1983 The court of appeals for the Ninth circuit held that violations of the Interstate Corrections Compact (ICC) cannot be challenged via 42 U.S.C. § 1983 in federal court. Emory Ghana, a New Jersey …
Article • May 15, 1999 • from PLN May, 1999
No Liberty Interest in Ohio Ad-Seg Rules by The court of appeals for the Sixth circuit held that Ohio prisoners have no state created liberty interest in remaining free of administrative segregation (ad-seg). Alvin Jones, an Ohio state prisoner, filed suit claiming that a 2k year placement in ad seg …
Article • May 15, 1999 • from PLN May, 1999
180 Days in SHU Not "Atypical and Significant" by 180 Days in SHU Not "Atypical and Significant" A federal district court in New York held that 180 days in a Special Housing Unit (SHU) , along with loss of package, commissary and telephone privileges, does not give rise to a …
Twenty-Four Hour Notice of Disciplinary Charges Required by Afederal district court in Indiana held that a prisoner's right to due process was violated when he was not provided with 24 hour notice of the disciplinary charges against him. Darnell Evans, an Indiana state prisoner, was infracted on charges of "giving …
De Facto Ban on Live Testimony Unconstitutional by The court of appeals for the Seventh Circuit held that the Stateville (Illinois) Correctional Center policy of denying virtually all live witness testimony at prison disciplinary hearings, which could result in revocation of good-time credits, violates due process. However, the court vacated …
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