Skip navigation

Search

1465 results
Page 65 of 74. « Previous | 1 2 3 4 ... 61 62 63 64 65 66 67 68 69 70 71 72 73 74 | Next »

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 …
Indiana Prisoners Not Entitled to Disciplinary Due Process by In two separate rulings a federal district court in Indiana held that a prison disciplinary hearing committee does not have to provide any form of due process when it sentences a prisoner to long terms of disciplinary segregation. Lorenzo Stone-Bey, an …
Article • June 15, 1996 • from PLN June, 1996
Washington Prisoners Have No Right to Earned Time by The state court of appeals for Division III has held that Washington state prisoners have no constitutional or statutory right to be allowed to earn "earned time" credits. Dagoberto Galvez was placed in administrative segregation where he was not allowed to …
No Due Process in Seg Placement by In the August, 1995, issue of PLN we reported Sandin v. Conner, 115 S.Ct. 2293 (1995) in which the supreme court held that prisoners have no due process rights in disciplinary hearings as long as the length of their sentence is not affected, …
Article • May 15, 1996 • from PLN May, 1996
Section 1983 Appropriate for Disciplinary Hearings by The court of appeals for the eighth circuit has held that prisoners can challenge prison disciplinary hearings under § 1983 without exhausting habeas corpus remedies. Billy Joe Armento-Bey, an Iowa state prisoner, filed suit in federal court under § 1983 claiming his due …
Grievance Discipline Struck Down by The court of appeals for the ninth circuit affirmed a lower court ruling that found Oregon DOC rules that punished prisoners for using hostile, sexual, abusive or threatening language in their written grievances to be unconstitutional. Jeff Bradley, an Oregon state prisoner, was infracted for …
Disciplinary Findings Must State Evidence Relied On by A federal district court in Illinois held that a disciplinary committee's report finding a prisoner guilty of misconduct must state the charges the prisoner was found guilty of and the evidence supporting each of the charges. Alvin Oswalt, an Illinois state prisoner, …
Administrative Reversal of Disciplinary Sanction Doesn't Bar Suit by Afederal district court in New York held that the administrative reversal of a disciplinary sanction does not bar a § 1983 suit for money damages if the prisoner had already been punished with all or part of the sanction prior to …
Page 65 of 74. « Previous | 1 2 3 4 ... 61 62 63 64 65 66 67 68 69 70 71 72 73 74 | Next »