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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 …
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 …
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 …
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 …
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 …
Section 1983 Not Estopped by State Court Ruling by Santiago Ramirez is a New York state prisoner. An informant told a prison sergeant that Ramirez had a shank concealed in his cell. Acting on this information Ramirez's cell was searched and a shank was found. Ramirez was infracted and at …
Wisconsin Lacks Adequate State Remedies for Due Process Violations by Varees Smith is a Wisconsin state prisoner. He was infracted for allegedly charging another prisoner to do legal work. He filed suit under § 1983 claiming his due process rights were violated when a disciplinary hearing was held without notice …
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 • 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 …
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 …
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 …
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 …
Article • May 15, 1990 • from PLN May, 1990
Witnesses at Disciplinary Hearings by The plaintiff prisoner was confined in a special housing unit following an alleged assault upon a guard who was attempting to break up a fight between two inmates. At his disciplinary hearing, he requested that the two inmates be called as witnesses. The hearing officer …
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