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Article • May 15, 2007
No Opportunity to Earn Good Time Claim Dismissed by The plaintiff challenged a disciplinary proceeding. The sanctions of six weeks' loss of visiting, transfer to a higher security prison, and loss of his position as Minority Camp Co-Chairman with its accompanying opportunity to earn good time, did not amount to …
Article • May 15, 2007
Transfer of Hawaii Prisoners to CCA Prison in Oklahoma Upheld by The petitioners convicted in Hawai'i, were transferred to a private prison in Oklahoma, which was then bought by Oklahoma for operation as a state-owned prison. Their due process claim is foreclosed by Olim v. Wakinekona; notwithstanding various factual distinctions …
Prison Guard Convicted of Filing False Disciplinary Reports by A federal district court denied a motion by Brazoria county jail guard Wilton Wallace to dismiss federal criminal charges against him stemming from the filing of false disciplinary reports against prisoners at the jail. Wallace unsuccessfully argued that prisoners have no …
BOP Prisoners Have Liberty Interest in Good Time by BOP Prisoners have Liberty Interest in Good Time The court of appeals for the Ninth circuit held that federal prisoners have a due process liberty interest in receiving good time credits and not being subjected to disciplinary segregation without due process …
Article • May 15, 2007
WA Prisoners Have Liberty Interest in Release by The court of appeals for the Ninth circuit held that a Washington state prisoner had a due process liberty interest in being released from prison on his good time release date. The plaintiff in this section 1983 case was held 20 days …
Change in Infraction Level Requires Due Process in Wisconsin by A Wisconsin federal district court held that Wisconsin administrative code § HHS 303.68(4) creates a liberty interest which requires the security director to consider the regulation's criteria and make a statement of the criteria applicable to upgrade a prisoner's misconduct …
Article • May 15, 2007
Prisoners Have No Liberty Interest in Prison Housing Assignment by Prisoners Have No Liberty Interest In Prison Housing Assignment The U.S. Supreme Court held that prisoners do not have a liberty interest in their prison housing assignments. A Massachusetts prisoner brought an action in federal district court alleging deprivation of …
Article • May 15, 2007
Ad-Seg for Eleven Months Without Review States Due Process Claim by The Eleventh U.S. Circuit Court of Appeals reversing a Florida U.S. District Court,, held that a prisoner held in Administrative Segregation (Ad-Seg) for eleven months without any review of his close management (CM) status, stated a claim for relief. …
Article • May 15, 2007
Clemency Proceedings Require Only Rudimentary Due Process by The United States Supreme Court, affirming Ohio's clemency procedures, held that the due process requirements for clemency hearings are rudimentary. Eugene Woodard was convicted of murder in the course of carjacking and was sentenced to death. Forty-five days prior to his scheduled …
Disciplinary Hearing Witness Cannot be Denied Because of Prisoner's Race by The Ninth Circuit Court of Appeals held that although a California prisoner did not have a due process right to remain free from administrative segregation, he did have an equal protection right not to have a witness barred from …
37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship by The Eighth Circuit Court of Appeals held that the deprivation of exercise, religious services and contact visits for 37 days is not a due process violation, nor is the failure to provide a hearing before placement in disciplinary …
Illinois Prisoner's Suit Dismissal Affirmed, Strike Reversed by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Central District of Illinois, held that state prison rules did not create a liberty interest in minimum-security and work-release placement and Illinois law did not create a reasonable expectation of …
Article • May 15, 2007
Fla. Prisoners Have Liberty Interest to Remain in General Population by The Fifth Circuit Court of Appeals (now the 11th Circuit) and the Florida Department of Corrections (FDOC) had implemented regulations that created a liberty interest to remain free of segregation. This 42 U.S.C. §1983 action was filed by a …
Tennessee: Punitive-Based Administrative Segregation States Claim by In this case involving the appeal of a disciplinary ruling, the Tennessee Court of Appeals held that because a prisoner's placement in administrative segregation appeared to be punitive, his petition for common law writ of certiorari stated a claim. Eric Woodruff, a prisoner …
Liberty Interest in Ad-Seg Early Release Program by Affirming the U.S. District Court for the Western District of Wisconsin, the U.S. Seventh Circuit Court of Appeals ruled that Wisconsin state prisoners do not have a liberty interest related to participation in a prison program that helps prisoners in administrative segregation …
Article • May 15, 2007
Pretrial Detainees, Unsentenced Prisoners Entitled To Stay At Local Jail by The U.S. Third Circuit Court of Appeals held that pretrial detainees have a liberty interest in remaining at a local jail, but convicted prisoners have no right to stay at a given prison. In May 1973, the warden and …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
Work Release Removal May State Claim by The Seventh Circuit Court of Appeals held a prisoner's complaint that alleged due process and. equal protection claims relative to his removal from work release stated a claim. The civil rights action filed by a prisoner held at Illinois' Stateville Correctional Center sought …
COA Denied; No Due Process Violation in Repeal of Credits by The U.S. Tenth Circuit Court of Appeals denied a state prisoner a certificate of appealability (COA) on a federal district court's denial of habeas corpus relief under 28 U.S.C. §2241, holding that the prisoner's due process rights were not …
No Liberty Interest in Virginia Jail Work Release by The court of appeals for the Fourth Circuit held that the Riverside Regional Jail Authority in Virginia is a municipal agency and not a branch of state government, therefore they are to entitled to Eleventh amendment immunity from suit. The court …
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