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Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling by John E Dannenberg Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the …
Article • November 15, 2001 • from PLN November, 2001
Sandin Retroactive, But Not for Qualified Immunity; BOP Ad Seg Rule Creates Liberty Interest by The Court of Appeals for the Second Circuit held that a federal prisoner's due process rights were violated when he was placed in segregation without notice or a hearing and kept there for some 514 …
No Due Process for Washington Sex Offender Registration by No Due Process For Washington Sex Offender Registration The Washington Supreme Court held that sex offenders are not entitled to notice or a hearing prior to being assigned a registration level. In 1990, the Washington State Legislature enacted the Community Protection …
Retaliation Claim Not Foreclosed by Sandin by The Court of Appeals for the Third Circuit held that a prisoner's civil rights complaint for damages due to administrative segregation placement was not foreclosed by the U.S. Supreme Court's Sandin "atypical hardship" rule, when the administrative segregation placement was alleged to be …
305 Days in New York SHU Is Atypical by 305 Days in New York SHU is Atypical. The Court of Appeals for the Second Circuit held that 305 days in segregation is an "atypical and significant hardship" within the meaning of Sandin v. Conner , 515 U.S. 472, 115 S.Ct. …
Article • July 15, 2001 • from PLN July, 2001
Kansas Conditional Release Is Mandatory by Kansas Conditional Release is Mandatory The Kansas state court of appeals held that the parole hoard could not rescind parole revocation and convert it to a conditional release revocation. The court also held that the retroactive application of a rule governing withholding of good …
Texas Prisoners Have Liberty Interest in Mandatory Supervision by The court of appeals for the Fifth Circuit has held that eligible Texas state prisoners have a liberty interest in release on mandatory supervision. Dobber Graham Malchi, a Texas state prisoner, filed a federal habeas corpus action challenging a prison disciplinary …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners May Challenge Discretionary Mandatory Release Procedures by The Texas Court of Criminal Appeals has held that Texas prisoners have the right to use a state habeas corpus action under Article 11.07, Texas Code of Criminal Procedure, to challenge the procedures used to deny them mandatory release. David Lee …
Article • May 15, 2001 • from PLN May, 2001
Second Circuit Cautions District Courts To Use Proper Sandin Analysis by Acourt of appeals for the SecondDistrict has, once again, cautioned the district courts against using an improper analysis when analyzing conditions in Special Housing Units to determine whether a liberty interest is implicated under Sandin v. Canner, 515 U. …
Article • March 15, 2001 • from PLN March, 2001
U.S. Isolates Political Prisoners by Ronald Young Two recent federal appeals court decisions highlight some of the repressive measures used by U.S. authorities to isolate and silence political dissenters. Though the methods used by the two political prisoners involved in these cases may be distasteful to some people, Americans must …
Article • March 15, 2001 • from PLN March, 2001
Ad Seg States Claim, But Loses on Merits by The court of appeals for the Second circuit held that a district court did not err in vacating a jury's finding that a New York prisoner's 101-day placement in segregation violated due process. In doing so, the court held that New …
Article • March 15, 2001 • from PLN March, 2001
SHU Should Be Compared to Conditions Experienced by All Prisoners by SHU Should Be Compared To Conditions Experienced By All Prisoners The Second Circuit has held that, to determine whether a ninetyday stay in a Special Housing Unit (SHU) is atypical and significant, it should be compared with the typical …
DC District Court Denies Guards' Summary Judgment Retaliation Case by A federal district court in the District of Columbia has denied prison guards' motion for summary judgment and set for trial a civil rights suit alleging that guards retaliated against prisoners who complained of a guard's repeated unsolicited sexual propositions. …
Article • January 15, 2001 • from PLN January, 2001
NY Prisoners Have Liberty Interest in Work Release by Ronald Young NY Prisoners Have Liberty Interest In Work Release by Ronald Young A federal district court for the Eastern District of New York held that the failure of the state to provide a prisoner with 24 hour's notice of a …
Article • December 15, 2000 • from PLN December, 2000
DC Circuit Revives Hewitt v. Helms by by Matthew T. Clarke D. C. Circuit court of appeals has held that, when determining whether a prisoner's segregation involves a liberty interest, the conditions of the prisoner's segregation should be compared with the conditions prison officials exercising their discretionary authority routinely impose …
New York Prisoners Have Ad-Seg Liberty Interest by A Federal district court in New York held that prisoners have a protected liberty interest in remaining free from administrative segregation. On February 11, 1987 New York state prisoner, Santiago Ramirez, was served a Tier Three Disciplinary case for possession of a …
Washington Earned Early Release Credits Create Due Process Liberty Interests by Mark Cook The Washington State Court of Appeals, Division One, has held that: (1) a prisoner's right to community custody placement created limited due process liberty interests, but (2) delay did not violate prisoner's due process rights. Matthew S. …
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Article • July 15, 2000 • from PLN July, 2000
Brown Ad-Seg Due Process Claim Remanded for Hearing by Ronald Young Brown Ad-Seg Due Process Claim Remanded For Hearing By Ronald Young The Court of Appeals for the District of Columbia circuit held that a prisoner who received ten months of administrative segregation during a housing reassignment hearing did not …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
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