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Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
Denial of Witnesses Violates Due Process by A federal district court in New York has held that a prisoner's due process rights were violated at a disciplinary hearing when the hearing officer refused to call a guard as a witness and failed to interview the guard to determine what his …
Retaliatory Infraction States Claim by An Illinois district court has reaffirmed that prisoners retain a first amendment right to complain about prison conditions without fear of being subjected to retaliation by prison officials. Selma Geder, an Illinois state prisoner, filed numerous administrative grievances complaining about prison conditions. In retaliation for …
Article • June 15, 1995 • from PLN June, 1995
Delay in Hearing States Claim by The court of appeals for the second circuit has reaffirmed that New York State law creates a due process liberty interest in its administrative segregation rules. The court held that prisoners due process rights are violated when they are not afforded a timely hearing …
Article • June 15, 1995 • from PLN June, 1995
Forfeiture and Double Jeopardy by Jeffrey Steinborn This new book, of the same title, by attorneys Brenda Grantland, Jeffrey Steinborn and Reba Weiss is subtitled "How to turn prosecutorial overreaching into release of prisoners or return of seized property." The Attorneys are experts in the field of forfeiture law and …
Retaliatory Infractions Illegal by Prison employees are forbidden from filing false disciplinary charges against prisoners in retaliation for prisoner complaints against other employees. Milton Payne, a New York state prisoner, witnessed a prison guard set a fire in a cell and reported this to prison authorities. Shortly thereafter prison guards …
Jail Detainee Entitled to Hearing by In 1986 Vincent McCann was a pretrial detainee in the mental health unit at the Orange County Correctional Facility (jail) in New York. A detainee complained to jail guards that other prisoners had thrown urine on him and were taunting him. After a cursory …
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. …
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