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$660,000 Awarded in Post-Sandin Segregation Suit
Article • July 15, 1999 • from PLN July, 1999
Filed under: Liberty Interests, Damages, Supervisory Liability, Ad-Seg Hearings, Mental Health
$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
Article • June 15, 1999 • from PLN June, 1999
Filed under: Misconduct/Corruption, Parole Board Misconduct, Disciplinary Litigation, Filing Fees (PLRA), Physical Injury Rule, Parole, Qualified Immunity
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
Article • June 15, 1999 • from PLN June, 1999
Filed under: Classification, Out of State Transfers, Disciplinary Litigation, Interstate Corrections Compact
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 …
No Liberty Interest in Ohio Ad-Seg Rules
Article • May 15, 1999 • from PLN May, 1999
Filed under: Disciplinary Hearings, Liberty Interests, Ad-Seg Hearings
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 …
180 Days in SHU Not "Atypical and Significant"
Article • May 15, 1999 • from PLN May, 1999
Filed under: Disciplinary Hearings, Liberty Interests, Hearing Officers
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
Article • April 15, 1999 • from PLN April, 1999
Filed under: Disciplinary Hearings, Witnesses (Disciplinary Hearings), Notice of Charges, Habeas Corpus
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
Article • April 15, 1999 • from PLN April, 1999
Filed under: Disciplinary Hearings, Disciplinary Litigation, Witnesses (Disciplinary Hearings), Injunctions, Habeas Corpus
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 …
New York Prisoners Have Right to Staff Assistance and Witness Testimony
Article • April 15, 1999 • from PLN April, 1999
Filed under: Disciplinary Hearings, Liberty Interests, Witnesses (Disciplinary Hearings), Hearing Officers, Staff Assistance, Qualified Immunity
New York Prisoners Have Right to Staff Assistance and Witness Testimony by The court of appeals for the Second Circuit held that New York state prisoners have a right under the Due Process Clause to have disciplinary hearing officers provide staff assistance and to obtain requested documentary evidence and witness …
Pennsylvania Supreme Court Draws the Line on Jailhouse Snitches
Article • March 15, 1999 • from PLN March, 1999
Filed under: Informants (Disciplinary Hearings), Crime/Demographics, Informants
Pennsylvania Supreme Court Draws the Line on Jailhouse Snitches by In a highly unusual ruling, the Pennsylvania Supreme Court said that "luck or happenstance" is the only allowable means for prosecutors to obtain incriminating information through the use of jailhouse snitches. In a 4-2 decision, the court overturned a murder …
Retaliatory Beating of Prisoner Is Triable Fact Issue
Article • March 15, 1999 • from PLN March, 1999
Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, Guard Brutality/Beatings
Retaliatory Beating of Prisoner Is Triable Fact Issue by Afederal district court in New York has held that a prisoner who alleged he was beaten by guards in retaliation for filing grievances against the guards presented a disputed material fact issue precluding summary judgment for the guards. Ramel Mahotep, a …
Administrative Exhaustion Doesn't Include Judicial Remedies
Article • March 15, 1999 • from PLN March, 1999
Filed under: Disciplinary Hearings, Disciplinary Litigation, Administrative Exhaustion (PLRA)
Administrative Exhaustion Doesn't Include Judicial Remedies by The court of appeals for the Third circuit held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement does not include judicial exhaustion as well. Hassan Jenkins, a New Jersey state prisoner, filed suit in federal court claiming his due process rights …
Full Court Overrules Clarke v. Stalder in Part
Article • March 15, 1999 • from PLN March, 1999
Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Disciplinary Litigation, Legality of Rules, Injunctions
Full Court Overrules Clarke v. Stalder in Part by The court of appeals for the Fifth Circuit, sitting en banc, vacated the original panel decision in Clarke v. Stalder, 121 F.3d 222 (5th Cir. 1997), on rehearing. The majority opinion held that a prisoner was precluded from bringing a claim …
Lengthy Ad Seg Is Atypical and Significant Hardship
Article • March 15, 1999 • from PLN March, 1999
Filed under: Disciplinary Hearings, Liberty Interests, Ad-Seg Hearings
Lengthy Ad Seg Is Atypical and Significant Hardship by Lengthy Ad Seg is Atypical and Significant Hardship Afederal court in New York has held that uninterrupted confinement in administrative segregation (ad seg) for more than four years is an atypical and significant hardship, implying a liberty interest protected by the …
Kansas Good Time Rules Violate Ex Post Facto
Article • March 15, 1999 • from PLN March, 1999
Filed under: Sex Offenders (Discrimination), Self Incrimination, Prisoner Privileges, Sentencing, Ex Post Facto, Good Time, Sex Offender Treatment
Kansas Good Time Rules Violate Ex Post Facto by The Kansas supreme court held that application of new prison rules that allow for the forfeiture of good time credits to prisoners convicted before the rule's implementation violates the ex post facto clause of the U.S. constitution. In a second cae, …
Colorado Contraband Rule Requires Visitor Notice
Article • February 15, 1999 • from PLN February, 1999
Filed under: Notice of Rules, Criminal Prosecution, Smoking, Attorney Client, Visiting, Attorney Visits
Colorado Contraband Rule Requires Visitor Notice by The Colorado supreme court held that a state statute criminalizing the introduction of contraband into county jails was constitutional but affirmed dismissal of criminal charges because the jail failed to comply with the statute's notice requirements. Thomas Holmes, an attorney, was charged with …
Spencer Applied to Parolee's § 1983 Claim
Article • February 15, 1999 • from PLN February, 1999
Filed under: Disciplinary Litigation, Searches, Parole/Probation Searches, Parole, Wrongful Imprisonment
Spencer Applied to Parolee's § 1983 Claim by Spencer Applied to Parolee's § 1983 Claim Afederal district court in California held that a state parolee could file suit under 42 U.S.C. § 1983 challenging his parole revocation and an illegal parole search without first having a favorable ruling on these …
Felony Trial for Planted Knife Is Malicious Prosecution
Article • February 15, 1999 • from PLN February, 1999
Filed under: Guard Misconduct, Retaliation for Filing Grievances, Disciplinary Litigation, Malicious Prosecution, Cell Searches, Crime/Demographics, Criminal Prosecution
Felony Trial for Planted Knife Is Malicious Prosecution by Felony Trial for Planted Knife is Malicious Prosecution In an unpublished opinion, the Tenth Circuit held that a felony prosecution for possession of a knife planted by a guard in a prisoner's cell in retaliation for complaining about the guard was …
Washington 35% Statute Upheld in State Court
Article • February 15, 1999 • from PLN February, 1999
Filed under: Double jeopardy (Hearings), Sentencing, Ex Post Facto, Seizure of Prisoner Funds
Washington 35% Statute Upheld in State Court by AWashington state appeals court upheld the constitutionality of two statutes which allow the seizure by the state of 35% of the wages prisoners earn and of the money sent in to prisoners from outside the prison system. The court held the laws …
Scott Superceded
Article • February 15, 1999 • from PLN February, 1999
Filed under: Disciplinary Hearings, Liberty Interests
Scott Superceded by In the October, 1998, issue of PLN we reported Scott v. Albury, 138 F.3d 474 (2nd Cir. 1998). The case involves an analysis of the process due in prison disciplinary hearings where only a punishment of disciplinary segregation is imposed. That ruling was superseded by a new …
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling
Article • February 15, 1999 • from PLN February, 1999
Filed under: Deaf Prisoners, Disciplinary Litigation, Civil Procedure, Defenses, Injunctions, State Law Claims, Eleventh Amendment Immunity, Qualified Immunity
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling by Leonard Feldman By Leonard J. Feldman On January 20, 1998, the district court in Duffy v. Riveland granted summary judgment on a state law claim presented by plaintiff Sean Duffy. The Court found that it …
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