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Reversal of Disciplinary Hearing Doesn't Moot Suit by The court of appeals for the eighth circuit has held that a state court reversal of a prison disciplinary hearing does not preclude the prisoner filing suit for money damages in federal court. The appeals court also criticized and reversed the lower …
NJ Prisoners Have Liberty Interest in Staying in Population by The court of appeals for the third circuit has held that New Jersey state prisoners have a due process liberty interest, enforceable in federal court under § 1983, to remain in general population. David Sheehan is a PLN reader at …
Missouri Ad Seg Damages Award Upheld by The eighth circuit court of appeals has affirmed an award of money damages to Michael Weems, a Missouri state prisoner, who was denied a review hearing while in administrative segregation. The court reaffirmed that Missouri state prisoners have a due process liberty interest …
Time Barred Dismissal Reversed by The court of appeals for the tenth circuit has held that a district court erred when it dismissed a prisoner's suit as being time barred when it was not clear from the face of the complaint if the applicable time limits had been tolled. David …
Double Jeopardy in Prison Not Clear by In the Oct. `95 issue of PLN we re ported Massachusetts v. Forte, an unpublished state court ruling dismissing a criminal indictment because the prisoner had previously been subjected to disciplinary action by prison officials. As a result, the trial court dismissed the …
Qualified Immunity for Hearing Officers by The second circuit court of appeals has reaffirmed that prison disciplinary hearing officers are only entitled to qualified immunity, not absolute immunity from suit. As part of a pilot project the New York Department of Corrections in 1986 instituted the Inmate Hearing Officer program …
WA Civil Commitment Law Ruled Unconstitutional by In a tersely worded decision, Fed eral District Court Judge John C. Coughenour drove a stake into the heart of Washington's controversial civil commitment law (Wash. Rev. Code § 71.09). He ruled the statute unconstitutional on its face, citing: "the violation of the …
Retaliatory Discipline Violates Due Process by A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and …
Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
No Immunity for Hearing Officers by Prison officials who hear and decide prisoners' administrative appeals from disciplinary hearings are only entitled to qualified immunity for their actions. Jerry Young is a New York state prisoner. He was found guilty of misconduct at five separate prison disciplinary hearings and sentenced to …
Article • October 15, 1995 • from PLN October, 1995
Disciplinary Segregation Bars Criminal Prosecution by PLN rarely reports unpublished court rulings but we do so occasionally when such rulings have a news value to readers or state a novel legal theory. This is such a case. A superior court in Norfolk County Massachusetts has held that filing criminal charges …
Article • September 15, 1995 • from PLN September, 1995
How to Win Prison Disciplinary Hearings by Paul Wright Reviewed by Paul Wright In the August, 1994, issue of PLN we reviewed the first edition of How to Win Prison Disciplinary Hearings by Allan Parmelee. Now we are excited to tell you about the completed State and Federal Edition. We …
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Some Evidence Must Support Guilty Finding by When prison officials violate clearly defined procedural due process standards in a prison disciplinary hearing, they are not immune from § 1983 liability. Frederick Gilbert is a New York state prisoner. After 25 tape decks and 37 AC adapters were stolen from the …
Article • September 15, 1995 • from PLN September, 1995
Civil Forfeiture and Criminal Prosecution as Double Jeopardy by Jeffrey Steinborn They did it. That's right- your Government did it. Having been warned by their lawyers of the constitutional defects (and inherent unfairness) in their policy of impoverishing a drug defendant through civil forfeiture, then prosecuting him or her with …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Article • August 15, 1995 • from PLN August, 1995
ID Rider Program Creates Liberty Interest by The ninth circuit has held that prisoners have a due process liberty interest in accurate and reliable rehabilitation reports. In 1972 Idaho created the ARider Program@ whereby convicted felons were sent to prison to be evaluated for potential release on probation, the sentencing …
Martinez Hearing Reversed by The tenth circuit has approved a process whereby district courts conduct hearings to develop the record and determine whether there is any legal or factual basis to claims brought by pro se prisoner litigants. See: Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). In this …
Outgoing Mail Censorship Illegal by A district court has reaffirmed the long-standing principle that the censorship of outgoing prisoner mail rarely implicates prison security interests. Donald Gee, a Wyoming state prisoner, wrote a letter to his brother about his conditions of confinement, that he was being retaliated against by prison …
Supreme Court Guts Due Process for Prisoners by On June 20, 1995, the supreme court issued its five to four ruling in Sandin v. Conner. The ruling appears to be the most devastating legal setback prisoners have suffered in the Supreme Court since Turner v. Safley was decided in 1987. …
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