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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 …
Infraction No Double Jeopardy Bar by Gene Newby and Raynaldo Barber were federal prisoners convicted in US District Court of assaulting and interfering with BOP guards. Prior to being criminally convicted they had been infracted and found guilty, in a prison disciplinary hearing, of the same charges. As a result …
AK Disciplinary Hearing Violates Due Process by Richard Brandon is an Alaska state prisoner. During a search of his cell prison guards found homemade liquor and a stolen radio. Brandon was infracted and found guilty at a disciplinary hearing and his administrative appeals were denied. Brandon filed an appeal with …
Article • May 15, 1994 • from PLN May, 1994
OK State Courts Can Hear Prison Suits by Dennis Waldon is an Oklahoma state prisoner. He was infracted and punished in a prison disciplinary hearing resulting in the loss of one hundred days of good time credits. Waldon filed a writ of habeas corpus and/or mandamus in the Alfalfa County …
Prison Officials Can't Prevent Jailhouse Lawyers From Assisting Other Prisoners by Paul Gibbs is a Michigan state prisoner and jailhouse lawyer. He was placed in segregation in late 1990 for possessing contraband. On April 2, 1991, he was reclassified back to the general population. Due to a lack of bed …
Informants Must be Reliable by John Brewer is an Ohio state prisoner. While held at the Southern Ohio Correctional Facility (SOCF) in Lucasville he was infracted for stabbing another prisoner. At his disciplinary hearing he was found guilty of aggravated assault based on statements by confidential informants. The finding was …
Stay of Suit Not Appealable by Oscar Bean is a Missouri state prisoner. He filed suit claiming he was denied due process at a disciplinary hearing accusing him of assault. He sought declaratory relief, damages and attorneys fees. The district court granted the defendants' motion to stay Bean's suit for …
Evidence Required to Sustain Disciplinary Ruling by Robert Nicholson is a Rhode Island state prisoner. In 1988 he told prison officials and state police investigators that he had been assaulted by two prison guards. His complaint was later investigated by the FBI and Department of Justice (DOJ). The DOJ concluded …
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