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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 …
Article • September 15, 1994 • from PLN September, 1994
S.Ct. Distinguishes Habeas and Section 1983 by The two most common suits filed by state prisoners in federal courts are 28 U.S.C. § 2254 habeas corpus petitions which challenge the length or legality of confinement and 42 U.S.C. § 1983 suits which seek money damages for civil rights violations. There …
WA Punishment for Use of Religious Name Illegal by Dawud Halisi Malik By Dawud Halisi Malik On January 5, 1978, the superior court of the county of Walla Walla accepted my petition for name change as I had adopted Al-Islam as my religion. On May 8, 1990, I arrived at …
How to Win Disciplinary Hearings (Book Review) by Mark Cook How To Win Disciplinary Hearings (Book Review) Reviewed by Mark Cook HTW is a manual for federal prisoners written by former federal prisoner Allan Parmelee. This gives the manual integrity from the git go but keep in mind that the …
Article • July 15, 1994 • from PLN July, 1994
CO Ad Seg Rules Don't Create Liberty Interest by Vernon Templeman is a Colorado state prisoner. After spending seven years in administrative segregation (ad seg) he was placed in a maximum security general population. A year later he was again placed in ad seg. Despite requesting a three member panel, …
No Right to Self-Defense in Prison by John Rowe is an Indiana state prisoner. A prisoner named Michael Evans was moved into a cell next to Rowe and Rowe complained to staff, who did nothing. Evans sent Rowe a note demanding sexual favors. The next morning Evans entered Rowe's cell …
Article • July 15, 1994 • from PLN July, 1994
Urinalysis is Search by Anthony Lucero is a Colorado state prisoner. He refused prison official's order to submit a urine sample for urinalysis testing and was infracted, found guilty and punished for refusing to obey an order. Lucero filed suit under § 1983 claiming that the urinalysis violated his rights …
2nd Cir. Declines to Rule on Informant Testimony by Jerome Russell is a New York state prisoner. He was infracted for allegedly assaulting another prisoner. At the disciplinary hearing the hearing, officer questioned the investigating guard who had provided statements from the victim and three informants who identified Russell as …
English Only Rule for Prayer Illegal by DeMont Conner is a Hawaii state prisoner. He filed suit under section 1983 claiming prison officials had violated his due process rights by punishing him for praying in Arabic with another prisoner and that the disciplinary hearing itself did not comport with due …
Prisoners Retain Right Against Self-Incrimination by Coy Phelps is a patient involuntarily committed in a Federal Medical Center (FMC) after having been acquitted of criminal charges by reason of insanity. He filed suit challenging both the statutes allowing his commitment and the conditions of confinement he was subjected to. He …
WA Prisoners Must Exhaust State Remedies by John Dewyer is a Washington state prisoner. He is serving a determinate, SRA sentence. At a prison disciplinary hearing he was found guilty of an unspecified offense and sanctioned by 15 days of segregation and 30 days loss of good time, the latter …
Article • June 15, 1994 • from PLN June, 1994
No Miranda Rights in Prison by PLN does not normally report on criminal cases, however, that line is sometimes blurry and we will report on cases which will affect or interest our readers. Marco Garcia was a prisoner in the Hillsborough County Jail in Florida. He was observed by jail …
NV Disciplinary Seg Rules Create Liberty Interest by Andrew Walker was a federal prisoner housed in the Nevada state prison system. During a cell search guards found a knife in Walker's cell. After the knife was found, Walker was placed in segregation. Prison officials claimed it was administrative segregation (ad …
CO Affirms Right to Impartial Hearing Board by C. Frank Villa is a Colorado state prisoner. He was infracted for allegedly throwing food at a prison guard. At his disciplinary hearing Villa learned that the guard in question, who also issued the disciplinary report, had phoned one of the disciplinary …
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