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Administrative Exhaustion Tolls Statute of Limitations by The "prescriptive period" (statute of limitations) is tolled pending administrative exhaustion because the prisoner is barred from bringing the action until exhaustion is finished. Once exhaustion is complete, the prisoner is legally capable of going forward and the statute begins again to run. …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
No Heck Bar to Disciplinary Challenge Not Involving Good Time by The Spanish-speaking plaintiff alleged that he was disciplined for failing to obey an order given in English. The district court dismissed without prejudice the claim against the officer who wrote the disciplinary charge for lack of personal involvement. The …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
Article • May 15, 2007
Discipline for Staff Misconduct Grievance Upheld by The plaintiff filed a grievance against an Officer Drone for various misdeeds including having sex with officers and supervisors on the midnight shift. He was found guilty of insolence for that suggestion, which he admitted was based on rumors. At 732: "It is …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Loss of Sentence Reduction for Positive Drug Test Upheld by The petitioner was prescribed an opiate for medical reasons and the next day tested positive for cocaine metabolites. The plaintiff was not denied due process by the failure to call the doctor who prescribed the opiate as a witness at …
No Immunity for Retaliatory Work Release Discipline by The plaintiff was on work release. He alleged that he had a dispute with an officer, filed a grievance against the officer, who then filed a false disciplinary report against him; the officer was allowed to participate in the hearing and dictated …
Disciplinary Hearing Requires Fact Finding by The court of appeals for the Seventh circuit upheld the dismissal of an Illinois state prisoner's lawsuit over searches of his cell for refusing to pay a guard's extortion demand and that the guard planted false evidence in his cell as a result. The …
Informants Require Reliability Evaluation by A federal district court in New York held that an independent credibility assessment must be done before statements from confidential informants could be used in a prison disciplinary hearing. Plaintiff was infracted for stabbing another prisoner at Sing Sing prison. The only evidence against him …
Damages in Disciplinary Hearing Case Upheld by The court of appeals for the First circuit upheld a lower court's award of damages to a Massachusetts prisoner denied due process in a disciplinary hearing. The lower court awarded plaintiff $390 in damages, 370 F. Supp. 1071 (D MA 1974). Prisoner was …
NY Prisoner Awarded Damages in Disciplinary Hearing Suit by A federal district court in New York awarded $1,281 in damages to a New York state prisoner whose due process rights were violated at a disciplinary hearing. Defendants refused to investigate plaintiffs claim that marijuana found in his cell was not …
Article • May 15, 2007
Infraction Finding Must State Evidence Relied On by A federal district court in Illinois held that the due process rights of an Illinois state prisoner were violated when the infraction report stated he was guilty of the charged offenses but did not state the evidence relied on for that finding. …
WA Disciplinary Hearings Exempt from APA by The Washington state Supreme Court held that prison disciplinary hearings are immune from judicial review under the Washington Administrative Procedures Act. Court notes that judicial review of prison disciplinary hearings is available in state court under habeas corpus, certiorari, mandamus and Personal Restraint …
Article • May 15, 2007
Prisoner Entitled to Possess Disciplinary Reports before Hearing by The court of appeals for the Second circuit held that a New York prisoner was entitled to receive, and keep possession, of disciplinary reports at least 24 hours before the scheduled hearing. Giving the prisoner the reports, then taking them from …
Challenges to Systematic Prison Disciplinary Procedures Cognizable Under § 1983 by The United States Court of Appeals from the Fifth Circuit held that habeas corpus is not the sole remedy for challenging prison disciplinary actions, and the amount of process due is not contingent on the actual punishment imposed, but …
Balisok Doesn't Bar Excessive Force Claims by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's complaint of excessive force and denial of procedural due process while ruling that reversal of his prison disciplinary convictions was not a prerequisite to relief. Robert …
New York Prisoner Has Right to Witnesses at Disciplinary Hearing by The U.S. Court of Appeals for the Second Circuit held that prisoners have the right to due process at disciplinary hearings. A prisoner at the Fishkill Corrections Center in New York filed a civil suit claiming that his right …
DOCS Denied Summary Judgment on Mail, Retaliation, and Prison Conditions by The United States District Court for the Western District of New York has partly granted and partly denied summary judgment in a civil rights complaint brought by a New York prisoner against various officials of the Department of Correctional …
INS Detainee Entitled to Wolff Protections in Disciplinary Action by The Fifth Circuit Court of Appeals held a detainee of the Immigration and Naturalization Service (INS) is entitled to the same due process rights of a prisoner in a disciplinary action. The detainee arrived in the United States as a …
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