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Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …
Infracting Cop Cannot Hear Own Infraction by John Diercks is a prison informant in protective custody (PC) in Jefferson City, MO. While in PC Diercks approached a prison official and asked him to make the urine samples of two prisoners "disappear" in exchange for which Diercks would supply the names …
Test for Calling Witnesses at Disciplinary Hearing by An inmate was found guilty of fighting and creating a dangerous disturbance on the basis of his being identified in a photo of the fight by an unidentified person. At the disciplinary hearing, he denied the charges and requested the name of …
Article • June 15, 1992 • from PLN June, 1992
Home Release Status Revoked for Exercising Right to Silence by Adrian Lomax By Adrian Lomax Steven Asherman was doing a fourteen-year bit for manslaughter in the Connecticut prison system. After he had served three years, the keep [guards] approved Asherman's application for Supervised Home Release. SHR is not parole, but …
Can't Stop Con's Legal Help Due to Transfer by Can't Stop Con's Legal Help Due To Transfer A New York prisoner incarcerated at Attica was granted authorization to provide legal assistance to two other inmates after completing a law clerk training program sponsored by the Department of Correctional Services. When …
Informant Testimony Must be Independently Weighed by Informant Testimony Must Be Independently Weighed Spellmon Bey is a Texas prisoner who was infracted for threatening other prisoners in order to extort commissary and sexual favors from them. The infraction was written by the unit captain, based on informant testimony, and listed …
Credibility of Informants Must be Weighed by Credibility Of Informants Must Be Weighed Jerome Russell, a New York state prisoner at Greenhaven prison, was infracted for assaulting another prisoner. Three confidential informants submitted statements to prison officials identifying Russell and four others as the assailants. At his hearing Russell requested …
Receiving State is Agent of Sending State; Qualified Immunity Examined by Receiving State Is Agent Of Sending State; Qualified Immunity Examined An Iowa prisoner was under punitive segregation when he was transferred to the Texas prison system and released to the general population. When he was later transferred back to …
Geronimo Pratt Wins Injunction Against Future Harassment; Loses Drug Trafficking And Possession Appeal by Elmer "Geronimo" Pratt is a political prisoner convicted after an FBI COINTELPRO frame job of murdering a school teacher during an alleged robbery attempt of the victim and her husband on a Santa Monica tennis court. …
Article • January 15, 1992 • from PLN January, 1992
Non-Specific Infractions Violated Due Process by Two prisoners found guilty of participation in "violent group conduct" challenged the sufficiency of the evidence presented at their hearings to establish their guilt. The principal evidence utilized were written misconduct reports stating that all inmates present in a mess hall (numbering around 140) …
Article • December 15, 1991 • from PLN December, 1991
Written Findings of Disciplinary Hearing Held Inadequate by An Illinois prisoner launched a 1983 challenge to the prison disciplinary hearing committee's finding of guilt on several infractions, including one charging him with conspiracy to murder a Unit Manager. The civil rights complaint alleged a number of constitutional infirmities in the …
Evidence Must Be Presented at Disciplinary Hearing by Evidence Must Be Presented At Disciplinary Hearing Eddie Griffin, a Pennsylvania state prisoners was infracted for possessing a fermented beverage. Prison guards destroyed the liquid in question prior to the disciplinary hearing. At the hearing Griffin was found "guilty" solely on the …
Article • December 15, 1991 • from PLN December, 1991
No Liberty Interest in Prison Jobs by No Liberty Interest In Prison Jobs The 7th circuit in an en bane ruling held that neither the due process clause nor Illinois statutes create a protected liberty interest in a prisoner holding one prison job over another. Phillip Wallace is an Illinois …
Article • October 15, 1991 • from PLN October, 1991
Prisoner Allowed to Possess Petition by Prisoner Allowed To Possess Petition A New York state prisoner at Attica was infracted after prison guards found and confiscated a petition complaining of prison conditions in his cell. The prisoner was infracted for possessing the petition even though no prison rule or regulation …
Article • August 15, 1991 • from PLN August, 1991
Informants Must Be Reliable by Albert Taylor is an Oklahoma state prisoner who filed a §1983 suit claiming his right to due process was violated when a prison disciplinary committee found him guilty of participating in a riot based on a statement from a confidential informant. The district court dismissed …
Prisoners Entitled to Exculpatory Evidence In Disciplinary Hearings by Prisoners Entitled To Exculpatory Evidence In Disciplinary Hearings Four prisoners at the U.S. Penitentiary at Marion, IL., were accused of murdering another prisoner. They were infracted and found "guilty" of the murder at a prison disciplinary hearing. Prior to the hearing …
Prisoners Allowed to See Evidence Against Them by Prisoners Allowed To See Evidence Against Them A federal prisoner in Pennsylvania was infracted and charged with making threats of bodily harm to another prisoner and refusing a cell assignment. The threats were supposedly made in a letter Young, the prisoner, gave …
Article • June 15, 1991 • from PLN June, 1991
Puppets on Strings of Oppression by Christofer Kneech Puppets On Strings Of Oppression By Christofer Kneech All of you came to prison because society did not enjoy your behavior and actions, whether they condemned such actions to be criminal when they may or may have been, but you all have …
Prisoner Victims of Guard Assault Win Damages by Prisoner Victims Of Guard Assault Win Damages Ten prisoners in the D.C. jail learned they were being transferred to another facility. A number of the inmates passively resisted the transfer. They alleged that after the transfer, they were beaten by correctional officers. …
Convict Entitled To Have Officer Called As Witness At Hearing, And To Have Independent Evaluation Of Informant's Allegations by Convict Entitled To Have Officer Called As Witness At Hearing, And To Have Independent Evaluation Of Informant's Allegations A prisoner at Sing Sing filed a federal civil rights suit challenging the …
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