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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 …
Article • September 15, 1996 • from PLN September, 1996
Supreme Court Closes Double Jeopardy Door by Jeffrey Steinborn "Counsel, are you trying to show contempt for this court?" "No, your honor, I'm doing my best to conceal it." -- Attributed to Clarence Darrow in the Scopes "Monkey Trial" He had a point. Some days it's tough to conceal it. …
Pro Se Tips and Tactics by John Midgley In the June issue of PLN, I discussed the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. § 1983. This companion column discusses the other kind of immunity you may run into, so-called …
IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …
Article • August 15, 1996 • from PLN August, 1996
5th Circuit Bars Ad Seg Claims by The court of appeals for the fifth circuit has held that in the wake of Sandin v. Connor, 115 S.Ct. 2293 (1995) administrative segregation does not constitute a deprivation of any constitutionally protected liberty interest. Rolando Pichardo is a Texas state prisoner. Prison …
Article • August 15, 1996 • from PLN August, 1996
BOP Ad Seg Rules Don't Create Liberty Interest by The court of appeals for the seventh circuit held that federal Bureau of Prison (BOP) rules do not create a liberty interest in federal prisoners not being placed in administrative segregation and once in segregation federal prisoners are not entitled to …
Segregation Enhancement May Violate Due Process by A federal district court in New York held that extending a prisoner's term in segregation without a hearing may violate his right to due process because it imposed an atypical hardship because this particular prisoner was almost seven feet tall and had difficulty …
New York Prisoners Entitled to Disciplinary Due Process by A federal district court in New York held that New York state prisoners retain a state created due process liberty interest to be free from disciplinary segregation. This is the one of the first post Sandin v. Conner, 115 S.Ct. 2300 …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
Retaliatory Transfer and Discipline Unconstitutional by The court of appeals for the eighth circuit affirmed an award of damages and attorney fees to an Iowa prisoner who was infracted and transferred after he cooperated with an investigation into guard misconduct. Robert Cornell was contacted in 1987 by DOC internal affairs …
Newell Superseded by In the April, 1996, issue of PLN we reported Newell v. Sauser, 64 F.3d 1416 (9th Cir. 1995) which held that Alaska prison officials were not entitled to qualified immunity for infracting a prisoner who had another prisoner's legal papers in his cell. On March 11, 1996, …
Alaska Prisoner Has Right to Call Witnesses at Hearing by The Alaska supreme court held that refusing to allow a prisoner to call witnesses and to question the accusing staff member at a prison disciplinary hearing violated the prisoner's due process rights. Mattfi Abruska is an Alaska state prisoner. He …
Muslim Can't Be Punished for Refusal to Handle Pork by The court of appeals for the eighth circuit held that a district court erred when it granted prison officials qualified immunity for punishing a Muslim prisoner who refused to handle pork. Roosevelt Hayes is an Arkansas state prisoner and a …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
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