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$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 …
Article • November 15, 1998 • from PLN November, 1998
DC Circuit Resurrects Hewitt v. Helms by The court of appeals for the DC Circuit held that prisoners challenging placement in administrative segregation (ad seg) are not required to petition for habeas corpus relief. The case was remanded for further record development regarding what occurred at the prisoner's ad seg …
Hawaii Prisoners Challenge 'Sex Offender' Label by Hawaii prisoners labeled as "sex offenders" and ordered to participate in a sex offender treatment program as a pre-condition of parole eligibility have a protected liberty interest in receiving minimal due process before being thus labeled. In 1992, Hawaii enacted a law authorizing …
Segregation Requires Less Due Process by The court of appeals for the Seventh circuit held that prisoners facing only the prospect of disciplinary segregation are entitled to less due process than when the sanction imposed involves the loss of good time credits. The court also questioned, but did not decide, …
Washington Good Time Loss Implicates Due Process by AWashington state appeals court held that prisoners have a due process right to challenge the validity of prior minor infractions at disciplinary hearings that involve the loss of good time for allegedly incurring more than four minor infractions in a six month …
Sandin Analysis Hinges on Punishment Actually Imposed by The court of appeals for the Second circuit held that an analysis of whether due process is required for disciplinary hearings where segregation was imposed as punishment will turn on the punishment actually imposed, not the potential penalty. The court also held …
Sign Language Interpreters Required in Missouri by Sign Language Interpreters Required In Missouri The federal district court in Missouri granted a deaf prisoner injunctive relief and partial summary judgment for prison officials' failure to provide a sign language interpreter at disciplinary hearings, routine medical visits, classification hearings, and educational programs. …
Article • September 15, 1998 • from PLN September, 1998
Kansas Prisoners Entitled to Notice of Prison Rules by The Kansas state court of appeals held that Kansas prisoners have a due process liberty interest in their good time credits and are entitled to notice of prison rules before they can be punished for violating them. Xuan Hiep Le is …
Article • September 15, 1998 • from PLN September, 1998
AEDPA Successive Petitions Clause Not Applicable to Disiplinary Hearings by AEDPA Successive Petitions Clause Not Applicable to Disciplinary Hearings The court of appeals for the fifth circuit held that habeas corpus petitions challenging prison disciplinary hearings that became final after prior habeas petitions challenging a criminal conviction have become final, …
Article • September 15, 1998 • from PLN September, 1998
Zero Tolerance Drug Policy in New Jersey by New Jersey Corrections authorities began a "zero tolerance" policy in May, 1998. Under the new policy, prison staff are cracking down on prisoners who use drugs or alcohol by taking contact visits as punishment according to an article published by the Associated …
Disciplinary Hearing Violations Enjoined by A federal district court entered an injunction in a class action suit which challenged the systematic denial of due process in prison disciplinary hearings. Prisoners at the Statevile Correctional Center in Illinois filed a class action suit claiming they were denied due process under a …
Article • August 15, 1998 • from PLN August, 1998
U.S. Supreme Court Clarifies § 1983 Claims by David C Fathi John Midgley and David C. Fathi Recently, the United States Supreme Court has made it difficult for prisoners to successfully file claims under 42 U.S.C. § 1983 that "necessarily imply" the invalidity of a conviction or a decision that …
Seg Conditions Analyzed for Sandin Purposes by Building on prior recent decisions, the court of appeals for the second circuit held that district courts must analyze segregation conditions when determining whether prisoner plaintiffs have a federal due process liberty interest in remaining free from such confinement. Thomas Wright, a New …
Article • June 15, 1998 • from PLN June, 1998
PLRA Termination Provisions Unconstitutional by A federal district court in Arizona held that the Prison Litigation Reform Act (PLRA) section providing for termination of consent decrees entered into prior to the PLRA's enactment is unconstitutional, as being violative of the separation of powers doctrine. The court further ruled that the …
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