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Disciplinary Evidence Must be Reliable by Michael Walsh is a New York state prisoner. He was infracted for allegedly exposing himself to and threatening a prison guard. At the disciplinary hearing, Walsh called as a witness another guard who had co-signed the infraction report. The guard testified that she was …
Article • April 15, 1995 • from PLN April, 1995
Forfeiture Violates Double Jeopardy by In the November 1994 issue of PLN (Vol. 5, No. 11) we reported on the abuse of asset forfeiture laws by law enforcement agencies more interested in monetary gain than in any legitimate measure of justice. Shortly after that article went to press (PLN articles …
Article • April 15, 1995 • from PLN April, 1995
VA Parole and Good Time Laws Don't Create Liberty Interest by Orillion James is a Virginia state prisoner who filed suit seeking money damages and an injunction ordering prison officials to expunge his records of false educational information that hindered his ability to be paroled. The records in question claim …
Retaliatory Infraction Illegal by Donald Dixon is a Missouri state prisoner. He filed suit under 42 U.S. C. § 1983 after a prison guard filed a retaliatory disciplinary charge against him after he filed a grievance. The district court granted summary judgment in favor of the guard because the disciplinary …
Article • March 15, 1995 • from PLN March, 1995
No Liberty Interest in GA Parole Rules by In the April, 1994, issue of PLN we reported Sultenfuss v. Snow, 7 F.3d 1543 (l1th Cir 1993). Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole …
Article • February 15, 1995 • from PLN February, 1995
S.Ct. Revokes Review by In the November, 1994, issue of PLN we reported that the Supreme Court had granted review in Rowe v. DeBruyn 1,71. 94-249. The case involved an Indiana state prisoner who was infracted and punished for defending himself against an attempted rape attack. The question the supreme …
OK Prisoners Have Disciplinary Hearing Remedy by In the May, 1994, issue of PLN we reported Waldon v. Evans, 861 P.2d 311 (Okl. Cr. 1993) which held that Oklahoma state courts could hear prisoners challenges claiming due process violations in prison disciplinary hearings. In a new ruling, the Oklahoma Court …
Article • January 15, 1995 • from PLN January, 1995
Unconstitutionality of Florida's Outdoor Yard Policies for Close Management Prisoners by Van Poyck, William by William Van Poyck The constitutional right, based upon the Eighth Amendment's proscription of cruel and unusual punishment, of long term Close Management (C.M.) prisoners to outdoor recreation exercise yard is long and well established, nation …
Article • December 15, 1994 • from PLN December, 1994
S.Ct. Grants Review in Prison Disciplinary Case by On October 7, 1994, the US Supreme Court announced that it had granted certiori in Sandin v. Conner, Case No. 93-1911. The case involves a Hawaii state prisoner who was infracted and found guilty of praying in Arabic. The district court dismissed …
Article • December 15, 1994 • from PLN December, 1994
No Help for Disciplinary Hearings by Ronald Kulow is an Iowa state prisoner. Kulow suffers from brain damage, has an IQ between 70 and 74 and borderline intellectual functioning. After having an altercation with another prisoner he was placed in involuntary protective custody where he received numerous disciplinary infractions. At …
Altered Disciplinary Evidence Violates Due Process by John Grillo is a New York state prisoner. He was infracted after a urinalysis allegedly showed he was positive for the use of opiates. He was found guilty at the disciplinary hearing and sentenced to 360 days in segregation and the loss of …
Article • December 15, 1994 • from PLN December, 1994
BOP Can't Punish Detainees by Vladimir Collazo-Leon is a pretrial detainee in Puerto Rico, held by the federal Bureau of Prisons (BOP). While going to a visit he allegedly offered a jail guard a bribe if the guard would help him escape. The guard infracted Collazo and at a disciplinary …
Article • December 15, 1994 • from PLN December, 1994
MI DOC Creates Liberty Interest in Seg Release by Wendell Mackey is a Michigan state prisoner. He was found guilty of possessing contraband and assaulting another prisoner and placed in administrative segregation. After spending nearly one year in segregation, he was reclassified and scheduled to be released to general population. …
Evidence Must Support Disciplinary Charge by Indiana is unique in that it does not provide any state court remedy for prisoners who lose good time in prison disciplinary hearings. As a result, Indiana state prisoners seeking the restoration of lost good time or expungement of infractions must file directly in …
Disputed Disciplinary Facts Require Reversal by Michael Mays is a New York state prisoner who was infracted for allegedly refusing to return to his cell when a guard ordered him to do so. After a disciplinary hearing Mays was found "guilty" and sentenced to segregation, loss of good time and …
Retaliation for Grievances Illegal by Gary Hines is a California state prisoner. Hines filed suit claiming that prison guards had broken his television set in retaliation for administrative grievances he had filed against them. After filing a grievance against the guards who allegedly broke his television, another guard infracted him …
Admin Reversal Doesn't Affect Disciplinary Hearing Suit by Robert Walker is a New York state prisoner. During a search of Walker's cell prison guards found a knife and excess bedding and infracted him for their possession. At his disciplinary hearing Walker pleaded not guilty and maintained the knife and bedding …
Retaliation Case Dismissal Reversed by Muriel Black is an Illinois state prisoner. In 1984 he filed suit under § 1983 claiming that prison officials had violated his constitutional rights by filing false disciplinary charges against him, harassing him, etc., after he complained of racial discrimination at the prison. In 1985 …
Seg Prisoner Entitled to Competent Hearing Help by Kenney Nix is a South Carolina prisoner. He was charged with violations of prison rules, placed in administrative segregation and found guilty of the charges at a disciplinary hearing. Prior to the hearing, Nix was assigned a staff member to assist him …
Article • September 15, 1994 • from PLN September, 1994
Disciplinary Guilty Plea No Waiver to Suit by Joe Reeves is a Texas state prisoner. He was infracted for placing his food tray outside his cell in the segregation unit. A prison rule required that food trays remain inside prisoner's cells until collected by guards. Reeves had received no notice …
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