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Indiana Prisoners Not Entitled to Disciplinary Due Process
Article • June 15, 1996 • from PLN June, 1996
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Informants (Disciplinary Hearings), Sanctions (Disciplinary Hearings), Standard of Proof, Polygraphs
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 …
Washington Prisoners Have No Right to Earned Time
Article • June 15, 1996 • from PLN June, 1996
Filed under: Disciplinary Hearings, Liberty Interests, Good Time, Ad-Seg Hearings
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
Article • June 15, 1996 • from PLN June, 1996
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Retaliatory Discipline, False Charges (Disciplinary Hearings)
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, …
Section 1983 Appropriate for Disciplinary Hearings
Article • May 15, 1996 • from PLN May, 1996
Filed under: Disciplinary Hearings, Disciplinary Litigation
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
Article • April 15, 1996 • from PLN April, 1996
Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Notice of Rules, Legality of Rules, Retaliatory Discipline, Administrative Exhaustion
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
Article • April 15, 1996 • from PLN April, 1996
Filed under: Disciplinary Hearings, Disciplinary Litigation, Witnesses (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Standard of Proof, Written Findings, Appointment of Counsel
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
Article • April 15, 1996 • from PLN April, 1996
Filed under: Disciplinary Hearings, Disciplinary Litigation, Staff Assistance, Disciplinary Appeals
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 …
Jailhouse Lawyers Retain Right to Assist Prisoners
Article • April 15, 1996 • from PLN April, 1996
Filed under: Retaliation for Litigating, Notice of Rules, Computers, Court Access, Prisoner Legal Assistance, Legal Materials, Appeals, Qualified Immunity
Jailhouse Lawyers Retain Right to Assist Prisoners by The court of appeals for the ninth circuit has held that prison officials are not entitled to qualified immunity when they punish a jailhouse lawyer for assisting another prisoner. Terry Newell, an Alaska state prisoner, was employed as a prison law library …
Sandin Inapplicable to Detainee Disciplinary Claims
Article • April 15, 1996 • from PLN April, 1996
Filed under: Liberty Interests, Witnesses (Disciplinary Hearings), Cell Searches, Legal Materials, Law Library Access/Adequacy, Civil Procedure, Damages, Mootness, Municipal Liability
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …
Discrimination Dismissal Reversed
Article • April 15, 1996 • from PLN April, 1996
Filed under: Racial Discrimination, Retaliation for Litigating, Disciplinary Hearings, Retaliatory Discipline, Summary Judgment
Discrimination Dismissal Reversed by The court of appeals for the eleventh circuit held that prisoners have a right to be free from racial discrimination and that direct evidence of such discrimination will usually make summary judgment inappropriate. Vincent Harris, a Florida state prisoner, filed suit against several prison guards and …
Grievance Retaliation Unlawful
Article • April 15, 1996 • from PLN April, 1996
Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Disciplinary Litigation, Retaliatory Discipline, False Charges (Disciplinary Hearings), Administrative Exhaustion, Qualified Immunity
Grievance Retaliation Unlawful by A federal district court in Michigan has held that it is unlawful for prison officials to retaliate against prisoners who complain of misconduct by guards and for prison officials to read legal mail sent to prisoners from the courts. Those claims were set for trial and …
Oklahoma Pre-Parole Status Creates Liberty Interest
Article • April 15, 1996 • from PLN April, 1996
Filed under: Work Release, Disciplinary Hearings, Liberty Interests, Notice of Hearing, Parole
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Seventh Circuit Discusses Sandin
Article • March 15, 1996 • from PLN March, 1996
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Informants (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Written Findings, Summary Judgment, Res Judicata
Seventh Circuit Discusses Sandin by In the August, 1995, issue of PLN we reported the supreme court's ruling in Sandin v. Conner , 115 S.Ct. 2293 (1995), which essentially gutted prisoners' right to due process in prison disciplinary hearings. Sandin opened up more questions than it purported to answer and …
Ninth Circuit Rejects Disciplinary Double Jeopardy
Article • February 15, 1996 • from PLN February, 1996
Filed under: Double jeopardy (Hearings), Crime/Demographics, Criminal Prosecution
Ninth Circuit Rejects Disciplinary Double Jeopardy by The ninth circuit has joined the third and second circuit in holding that prison officials do not violate the double jeopardy clause of the constitution by subjecting a prisoner to administrative disciplinary proceedings and later to criminal prosecution. It is the first ninth …
Washington Prisoners Have Liberty Interest in Good Time
Article • February 15, 1996 • from PLN February, 1996
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Witnesses (Disciplinary Hearings), Notice of Charges, Good Time
Washington Prisoners Have Liberty Interest in Good Time by The court of appeals for the ninth circuit has ruled that Washington state prisoners retain a state created due process liberty interest in not losing their good time credits unless they are provided with due process at a disciplinary hearing. It …
No Immunity for Retaliatory Discipline
Article • February 15, 1996 • from PLN February, 1996
Filed under: Threats by Staff, Retaliation for Litigating, Disciplinary Litigation, Legality of Rules, Retaliatory Discipline, Crime/Demographics, Informants, State Law Claims, Appeals, Qualified Immunity
No Immunity for Retaliatory Discipline by The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are …
Fabricated Charges State Claim
Article • February 15, 1996 • from PLN February, 1996
Filed under: Retaliation for Litigating, Disciplinary Hearings, Disciplinary Litigation, Retaliatory Discipline, Hearing Officers, False Charges (Disciplinary Hearings), Confrontation, Cell Searches, Summary Judgment, Estoppell
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Sandin Applied Retroactively
Article • February 15, 1996 • from PLN February, 1996
Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests
Sandin Applied Retroactively by In the August, 1995, issue we discussed the supreme court's decision in Sandin v. Connor , 115 S.Ct. 2293 (1995) which held that states do not create a due process liberty interest in their regulations unless there is a "substantial" deprivation at issue. The first circuit …
Detainees May Be Disciplined
Article • December 15, 1995 • from PLN December, 1995
Filed under: Disciplinary Hearings, Disciplinary Litigation, Sanctions (Disciplinary Hearings)
Detainees May Be Disciplined by The court of appeals for the first circuit has reversed a district court ruling that pretrial detainees may not, consistent with the constitution, be punished for misconduct in the jail. In the Dec. '94 issue of PLN we reported Collazo Leon v. US Bureau of …
Denying Witnesses in Disciplinary Hearings Illegal
Article • December 15, 1995 • from PLN December, 1995
Filed under: Disciplinary Hearings, Witnesses (Disciplinary Hearings)
Denying Witnesses in Disciplinary Hearings Illegal by A federal district court in Massachusetts has 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 who was infracted for allegedly getting into a fight with …
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