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Infraction Suits Must Exhaust Administrative Remedies by L. Markham is an Indiana state prisoner. He lost 243 days of earned good time in a series of disciplinary proceedings. Under Indiana DOC regulations prisoners can appeal the loss of good time credits to prison officials within 10 days of the hearing, …
Prisoners Win Suit Over Circulating Petition by Dennis Wolfel and three other Ohio state prisoners, including longtime PLN supporter John Perotti, were infracted and disciplined for circulating a petition complaining of brutal prison conditions. The petition was going to be sent to Amnesty International, the international human rights group, to …
Indiana DOC Must Allow Witnesses at Hearings by Jerry Forbes is an Indiana state prisoner who refused to take a urine test because the prison did not publish its testing procedures. He was infracted and requested prison officials as witnesses at his hearing and they refused to appear. He was …
Article • March 15, 1993 • from PLN March, 1993
Section 1983 Proper Remedy for Disiplinary Violations by Two Arizona state prisoners were found guilty of drug use at a disciplinary hearing and lost 2 years of good time credits, did 15 days in isolation, lost privileges, were moved to higher security levels, and placed on a more restrictive parole …
Article • March 15, 1993 • from PLN March, 1993
Prison Bosses Liable for Rights Violation by Willie Horne is a retarded New York state prisoner who was infracted, not provided with a counsel substitute at a disciplinary hearing, and was punished. Horne filed suit claiming that prison officials violated his due process rights by subjecting him to a disciplinary …
Pre-Trial Detainees Don't Have to Work by Jorge Martinez is a federal pre-trial detainee. He filed suit claiming that while he was held at the US Medical Center for federal prisoners he was denied proper medical care for a dislocated shoulder, was force fed after seven days on hunger strike, …
BOP Agency for APA Purposes by Garvin White was a federal prisoner at Leavanworth who was accused of attempting to escape and was transferred to Marion. At Marion he was infracted for the attempted escape. The hearing officer did not render a verdict until 4 months after White's arrival at …
Article • January 15, 1993 • from PLN January, 1993
Must Inmate Detail Witness Testimony As Condition to Having Witness Called? by "We are also of the opinion that the inmate facing disciplinary proceedings should be allowed to call witnesses...when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals." This principle was stated …
Lay Advisor Can't be Adverse Witness by On May 18, 1987, an inmate at the Arizona State Prison at Tucson was found stabbed to death. An investigation ensued, and Ruben Melendez was ultimately indicted for the killing. While the investigation was still in progress, DOC personnel formally notified Melendez that …
Article • January 15, 1993 • from PLN January, 1993
Generalized Written Statement of Hearing Committee Accepted, Where Evidence Clear by A disciplinary hearing committee's written decision saying it based its finding of guilt on "written reports and testimonies presented at the hearing" was constitutionally acceptable where that information could be interpreted only as either showing the charges (of verbal …
Article • December 15, 1992 • from PLN December, 1992
BOP Prisoners Don't Need to Exhaust Administrative Remedies by BOP Prisoners Don't Need To Exhaust Administrative Remedies Donald Cooney is a federal prisoner who was infracted for insolence to a staff member, found guilty and removed from his job position as a sanction. Cooney began an administrative review of the …
Hearing Officer Must Base Guilt Finding on Evidence by Hearing Officer Must Base Guilt Finding On Evidence Frank Zavaro is a New York state prisoner who was infracted for participating in a riot and assault on guards. A riot had broken out in a mess hall with several guards being …
Article • December 15, 1992 • from PLN December, 1992
Physical Evidence Need Not be Preserved For Hearing by Physical Evidence Need Not Be Preserved For Hearing Eddie Griffin is a Pennsylvania state prisoner. During a cell search prison guards found about 15 gallons of fermented beverages in his cell. The guards ordered Griffin to flush the liquids down the …
Medical Treatment Cannot Be Delayed to Coerce Confession by Medical Treatment Cannot Be Delayed To Coerce Confession Wesley Taylor is a Missouri state prisoner who suffered a ruptured appendix. Upon arriving at the prison hospital, vomiting blood and in extreme pain, the prison doctor asked him if he had swallowed …
Article • December 15, 1992 • from PLN December, 1992
Due Process Requires Hearing Before Punishment by Keith Brown-El is a prisoner at the Missouri State Penitentiary (MSP). He was infracted for staying in bed during count and staying in the shower too long. He was found guilty at a disciplinary hearing and sentenced to segregation, transferred to another prison …
Article • December 15, 1992 • from PLN December, 1992
Prisoner Has No Right to Independent Drug Test by Prisoner Has No Right To Independent Drug Test Rick Koenig is an Arizona prisoner who tested positive for marijuana use in an ADx urine test. He was infracted for drug use. Prior to his disciplinary hearing Koenig requested a gas liquid …
Perotti Needs Help by John Perotti John Perotti, Mansfield, OH On August 7, 1992, MANCI prisoncrats Bill Rachael (unit manager), Terry Knight (SHP Investigator), Mr. Fleming (SHP) and Capt. Jackson and Sgt. Harrell called a prisoner named Jerome Evans to their office and made a deal that if he set …
Expungement of Infraction Reversed by Michael Elkin is a New Jersey state prisoner. During the process of obtaining and testing a urine sample from Elkin, prison officials did not comply with the terms of a consent decree requiring urine samples to have a "continuity of evidence" attached and completed. Elkin …
Article • October 15, 1992 • from PLN October, 1992
Disciplinary Hearing Must Rely on Preponderance of Evidence by George Goff is an Iowa prisoner who was infracted for verbally abusing a guard. He was found guilty at a disciplinary hearing and filed suit under § 1983 claiming violation of his rights to free speech and due process. The district …
Washington Feces Watch and Visiting Policy Create Liberty Interest by Rogaciano Mendoza was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla in 1989 when prison officials discovered a broken balloon containing a white substance in the visiting room bathroom being used by Mendozas 6 children. Mendoza was …
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