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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 …
Article • April 15, 1994 • from PLN April, 1994
Wolff Hearing Required Before Detainees Punished by Ernest Walker is a pretrial detainee at the Navarro County Jail in Corsicana, Texas. Walker asked a jail guard to open his cell door so he could get some chips to eat. The guard refused and claimed Walker called him an obscene name. …
BOP Suits Require Administrative Exhaustion by John Rourke is a federal prisoner. He filed suit seeking injunctive relief alleging that prison officials had denied him medical care and arbitrarily imposed disciplinary sanctions against him. The district court dismissed the suit without prejudice as frivolous, before service on the defendants, holding …
Excluding Alibi Witness Unconstitutional by Kelvin Moye is a New York state prisoner. He was infracted for stabbing another prisoner. At his disciplinary hearing Moye requested a statement from a prisoner whose testimony would indicate that Moye could not have committed the stabbing. The hearing officer refused to obtain a …
Article • April 15, 1994 • from PLN April, 1994
GA Parole Rules Create Liberty Interest by Stephen Sultenfuss is a Georgia state prisoner serving sentences for two drug convictions. Under the rules of the Georgia Board of Pardons and Parole (GBPP) he should have served 10 months in prison. Disregarding their own rules the GBPP imposed a period of …
Eighth Circuit Clarifies Retaliation Standard by George Goff is an Iowa state prisoner. On January 15, 1990, another prisoner at a medium security facility reported being stabbed. Confidential informants allegedly told prison officials that Goff was the culprit. On January 19, 1990, the prison's warden and deputy warden were served …
Officials Must Assess Informant's Credibility by Kevin Richardson is a New York state prisoner. In 1985 he was infracted for allegedly stabbing James Caroline, another prisoner. At the disciplinary hearing Caroline submitted a statement on Richardson's behalf stating that Richardson was not the assailant. The hearing officer heard testimony, outside …
No Cause of Action in Reversed Disciplinary Sanction by Victor Sowell is a New York state prisoner. He was infracted for inciting a riot, assault and disobeying a direct order. He was transferred to a different prison and placed in segregation prior to his disciplinary hearing. At the hearing Sowell …
Article • January 15, 1994 • from PLN January, 1994
MI Hearing Officers Have Absolute Immunity by James Sullivan is a Michigan state prisoner. He was infracted for having a urinalysis test that indicated marijuana use. At his disciplinary hearing he stated he had been using the legal pain killer and anti-inflammatory Ibuprofen, which was sold in the inmate store. …
Outgoing Mail May Contain Slander by Aprisoner at the Iowa Men's Reformatory received a major disciplinary infraction for "verbal abuse" as a result of comments included in a letter he had written to his brother. The prisoner, Rick Bressman, wrote: "yeah, their (sic) real assholes, my counselor is a dick …
Discipline For Rude Letter Struck Down by Lobester Loggins is a Missouri State prisoner. In 1989 he sent his brother a letter. Pursuant to prison policy a prison mail clerk opened and read the letter, which stated in part that "there's a beetle eyed bitch back here who enjoys reading …
Retaliation for Legal Action States Claim by Eric Schroeder is a Hawaii state prisoner. While at a minimum security prison he was assigned to a work crew under the supervision of a guard he had previously sued. Schroeder claims that the guard threatened him, used anti-semitic slurs and falsely infracted …
Article • November 15, 1993 • from PLN November, 1993
No Right to Forfeit Goodtime by Helen Woodson was a federal prisoner serving twelve years on four counts of destroying government property arising out of protests at ICBM missile sites. She is a member of the Plowshares, a Christian group that takes literally the bible's command to beat swords into …
Article • November 15, 1993 • from PLN November, 1993
WI Ad Seg Rules Don't Create Liberty Interest by Wisconsin regulations governing the transfer of state prisoners to "temporary lockup" status do not create a protected liberty interest under the fourteenth amendment due process clause, a majority of the Wisconsin supreme court ruled June 3, 1993. The majority agreed with …
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