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Jury Trial May Require Plaintiffs' Presence by The court of appeals for the fifth circuit held that a district court erred in not allowing two pro se prisoner litigants to be present when their case went to a jury trial. The court also found error in the manner in which …
Iowa Retaliation Verdict Affirmed by In the March, 1994, issue of PLN we reported Goff v. Burton, 7 F.3d 734 (8th Cir. 1993) in which the eighth circuit court of appeals reversed a district court ruling in favor of George Goff, an Iowa prisoner who was retaliated against by prison …
Habeas Petition Not Mooted by Segregation Release by The court of appeals for the seventh circuit held that when a prisoner challenges a disciplinary hearing via federal habeas corpus collateral consequences will be presumed by the court. Martin Bryan is an Indiana state prisoner. He was infracted for allegedly reaching …
Mississippi Detainees Awarded Damages in Disciplinary Suit by A federal district court in Mississippi held that the due process rights of two pre trial detainees were violated when they were placed in disciplinary segregation without a hearing. The court awarded each detainee $600 in damages. The court also taxed litigation …
Grievance Retaliation Unconstitutional by The court of appeals for the second circuit reaffirmed that prison officials violate the constitution when they retaliate against prisoners who file administrative grievances. The court discussed the standard of review in prison retaliation cases. Patrick Graham is a New York state prisoner. After prison grievance …
Article • May 15, 1997 • from PLN May, 1997
US Supreme Court: Oklahoma Pre-Parole Program Requires Hearing Before Removal by by Paul Wright On March 18, 1997, justice Clarence Thomas released a ruling for a unanimous U.S. supreme court holding that an Oklahoma "pre-parole" program designed to relieve prison overcrowding was sufficiently similar to parole to require a due …
Disciplinary Finding Must Be Supported by Reliable Evidence by The court of appeals for the seventh circuit held that while only "some evidence" is required to uphold a finding of guilt in a prison disciplinary hearing, that evidence must be reliable. Michael Meeks is an Indiana state prisoner who was …
Qualified Immunity for Infraction Suit by The court of appeals for the eighth circuit held that a district court erred when it found prison officials liable and awarded a prisoner damages after the court found no evidence supported a disciplinary committee's finding of guilt. The court also held that prisoners …
Consent Decrees Create Enforceable Right by A federal district court in South Carolina held that a consent decree created an enforceable due process right and a prisoner's § 1983 claim for violation of the consent decree was not barred by Sandin v. Conner, 115 S.Ct. 2293 (1995). As court's explore …
Article • April 15, 1997 • from PLN April, 1997
No Double Jeopardy in Massachusetts Disciplinary Hearings by In the October, 1995, issue of PLN we reported that a state trial court in Massachusetts, in an unpublished ruling, had dismissed criminal indictments against twelve prisoners because the indictments were brought after the prisoners had already been subjected to prison disciplinary …
Detainee Entitled to Ad-Seg Hearing by A federal district court in Texas held that a pretrial detainee was entitled to a hearing before being placed in segregation. Robert Poole was a pretrial detainee in the Jefferson County jail. This ruling concerns the denial of the defendant's motion for summary judgment …
Article • March 15, 1997 • from PLN March, 1997
No Remedy for State Law Violations in Washington Disciplinary Hearings by The Washington state court of appeals for Division I held that prisoners challenging a disciplinary hearing must show actual and substantial prejudice before they are entitled to relief under a Personal Restraint Petition (PRP). In In Re Cashaw, 123 …
Ninth Circuit Rules on Washington ADA Suit by Leonard Feldman [Editor's Note: Leonard Feldman is the Seattle attorney representing the plaintiff in the case discussed below.] Sean Duffy, the plaintiff in Duffy v. Riveland, 1996 WL 583384 (9th Cir. October 11, 1996), is a prisoner at the Washington State Reformatory …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Informant Testimony Must Be Reliable by A federal district court in Texas granted habeas relief to two Texas prisoners who had lost good time at a disciplinary hearing based on unconfirmed informant testimony. Morris Broussard and Gary Johnson filed a 42 U.S.C. § 1983 action contesting the loss of good …
Article • February 15, 1997 • from PLN February, 1997
New York Work Release Creates Liberty Interest by A federal district court in New York held that state law creates a due process liberty interest which requires a hearing before prisoners can be removed from work release. The court also held that res judicata did not bar a § 1983 …
ADA Ruling for Deaf New York Prisoners by The U.S. District Court for the Southern District of NY ruled in favor of hearing impaired New York prisoners litigating a number of constitutional and statutory issues relating to the imprisonment of hearing impaired prisoners. The court held that the defendants, New …
Article • December 15, 1996 • from PLN December, 1996
Habeas Required for Disciplinary Hearing Challenges by The court of appeals for the eighth circuit held that prisoners challenging the results of prison disciplinary hearings that result in the loss of good time cannot challenge the hearing result via 42 U.S.C. § 1983, but instead they must present their claim …
Article • December 15, 1996 • from PLN December, 1996
Motive in Denying Due Process Irrelevant by The court of appeals for the sixth circuit held that prison officials are liable for keeping a prisoner in administrative segregation without a hearing if they acted intentionally or with deliberate indifference; their motive in doing so is irrelevant. Gregory Howard, a Michigan …
Article • November 15, 1996 • from PLN November, 1996
Nevada Prisoners Have Liberty Interest in Disciplinary Hearings by A federal district court in Nevada held that Nevada state law creates a liberty interest for prisoners accused of disciplinary misconduct. After the US supreme court decided Sandin v. Connor, 115 S.Ct. 2293 (1995) the question of whether a prisoner retains …
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