Skip navigation

Search

1465 results
Page 64 of 74. « Previous | 1 2 3 4 ... 60 61 62 63 64 65 66 67 68 ... 70 71 72 73 74 | Next »

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Hearings by In the October, 1995, issue of PLN we reported that a state trial court in Massachusetts, in an unpublished ruling, had dismissed criminal indictments against twelve prisoners because the indictments were brought after the prisoners had already been subjected to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 …
The Fundamental Right of Self-Defense in Prison by Robert F Nelson by Robert F. Nelson [Editor's Note: In 1994 the court of appeals for the seventh circuit decided Rowe v. DeBruyn, 17 F.3d 1047 (7th Cir. 1994) which held that an Indiana state prisoner had no constitutional right to self-defense …
Right to Witnesses and Court Access Well Established by A federal district court in Kansas held prisoners had a well established rights in 1984 to call witnesses at disciplinary hearings and to be free from retaliation for exercising their right of access to the courts. Jerry Smith, a Kansas state …
Cause of Action Accrues on Disciplinary Reversal by The court of appeals for the second circuit held that the statute of limitations for a § 1983 action does not begin to run until a prisoner has successfully challenged the disciplinary hearing in state court. Theodore Black is a New York …
Retaliation for Grievance Committee Participation Requires Trial by A federal district court in New York held that a prisoner who serves on a prison grievance committee cannot be retaliated against for assisting other prisoners in filing grievances. Jeffrey Alnutt, a New York state prisoner, filed suit claiming his first amendment …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
Evidence Required for Disciplinary Sanction, Sandin Questioned by A federal district court in Indiana refused to dismiss a prisoner's habeas corpus petition challenging his disciplinary segregation because it was not clear what constituted a deprivation sufficient to invoke due process. A hearing officer's failure to indicate the evidence relied on …
Article • September 15, 1996 • from PLN September, 1996
Denial of Disciplinary Witnesses Upheld by The court of appeals for the first circuit vacated and remanded a Massachusetts district court ruling that had held that a prison policy denying witnesses from the prison's general population to segregated prisoners' disciplinary hearings was unconstitutional. Brendan McGuinness is a Massachusetts state prisoner …
Page 64 of 74. « Previous | 1 2 3 4 ... 60 61 62 63 64 65 66 67 68 ... 70 71 72 73 74 | Next »