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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 …
Article • March 15, 1999 • from PLN March, 1999
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 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 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 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 …
Article • March 15, 1999 • from PLN March, 1999
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 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 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 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 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 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 …
Article • February 15, 1999 • from PLN February, 1999
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 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 …
$15,001 Excessive Force Verdict Affirmed by The court of appeals for the First circuit affirmed a jury verdict awarding $15,001 in damages to a prisoner beaten by prison guards. The court affirmed several evidentiary rulings by the district court excluding evidence of a disciplinary hearing guilty plea by the plaintiff …
AEDPA Statute of Limitations Tolled by The court of appeals for the Third circuit held that the one year statute of limitations in which to file a federal habeas corpus petition is a statute of limitation subject to tolling. In 1994 Frank Miller, a New Jersey state prisoner, was found …
No Liberty Interest in Ohio Visiting Rules by Afederal district court in Ohio held that Ohio state visiting rules do not create a liberty interest in visitation. Melissa Blair is a former Ohio prison guard married to Ohio prisoner Lemont Blair. The Blairs' visiting privileges were suspended after prison officials …
Discipline for Possessing Legal Papers Vacated by AColorado state appeals court held that no evidence supported an infraction against a prisoner found guilty of bartering and possessing another prisoner's legal papers. John Tebbetts, a Colorado state prisoner, was infracted and found guilty of "bartering'' after prison officials found letters from …
Article • December 15, 1998 • from PLN December, 1998
Deportation Moots Federal Habeas Appeal by The Court of Appeals for the Seventh Circuit has ruled that deportation, during the appeal from the denial of a petition for a writ of habeas corpus by a state prisoner, moots the appeal. Fabio Diaz, a citizen of the Dominican Republic, was an …
NY Seg Case Dismissed on Remand by In the March, 1998, issue of PLN we reported Sealey v. Giltner , 116 F.3d 47 (2nd Cir. 1997) in which the second circuit reversed and remanded Sealey v. Coughlin , 857 F. Supp. 214 (ND NY 1994). The case involves Emmeth Sealey, …
Liberty Interest Created By Fine by A federal district court in Nevada held that a Nevada prisoner had no liberty interest in remaining free of one year of disciplinary segregation. The court also ruled that the prisoner had a property interest in money taken from his account for restitution and …
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