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Class-­Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC by A suit filed in Washington state court on September 22, 2023, challenges disciplinary sanctions imposed on prisoners by the state Department of Corrections (DOC) based on presumptive drug test results. DOC uses inexpensive colorimetric drug tests to examine …
Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time by Douglas Ankney by Douglas Ankney When Indiana state prisoner Tony Love participated in a brawl, he was apparently unaware of the severity of the consequences he faced. But the U.S. Court of Appeals for the …
Article • June 1, 2022 • from PLN June, 2022
Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident by Matthew Clarke by Matt Clarke In its decision 28 years ago in Heck v. Humphrey, 512 U.S. 477 (1994), the U.S. Supreme Court held that a prisoner’s claims affecting the duration of his …
Article • September 4, 2018 • from PLN September, 2018
Maine: Superior Court’s Dismissal for Lack of Jurisdiction Not Supported by the Record by Dale Chappell by Dale Chappell A sua sponte dismissal for lack of jurisdiction by a state Superior Court was improper, the Maine Supreme Judicial Court held on April 19, 2018, when the record was “otherwise devoid” …
Washington Prisoner Has First Amendment Right to Threaten to File Suit by Derek Gilna by Derek Gilna In June 2012, following a dispute with officials at the Washington State Penitentiary (WSP), prisoner John Thomas Entler filed written complaints in which he said he would file lawsuits and seek criminal charges …
Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case by Matthew Clarke by Matt Clarke In 2009, Iowa state prisoner Joe Byrd was accused of participating in a prison gang rape along with four other prisoners. He not only asserted his innocence, but steadfastly maintained that the crime never happened. …
6th Circuit: Court Must Accept Facts Found By Michigan Prison Hearing Officer by 6th Circuit: Court Must Accept Facts Found By Michigan Prison Hearing Officer On April 2013, the Sixth Circuit Court of Appeals held that preclusive effect must be given to fact finding that is made by a Michigan …
Article • May 6, 2015 • from PLN May, 2015
Ohio Prisoner Represents Himself, Beats Attempted Murder Charges by Ohio Prisoner Represents Himself, Beats Attempted Murder Charges An Ohio supermax prisoner, repre­senting himself while on a month-long hunger strike, won an acquittal in February 2013 on attempted murder charges stemming from fights with prison guards, though he was convicted of …
Article • May 6, 2015 • from PLN May, 2015
Iowa DOC May Not Switch Administrative Law Judges in Mid-Disciplinary Process by Matthew Clarke Iowa DOC May Not Switch Administrative Law Judges in Mid-Disciplinary Process by Matt Clarke On August 20, 2014, a federal district court held that the Iowa Department of Corrections (DOC) had violated a prisoner’s due process …
Article • March 5, 2015 • from PLN March, 2015
Third Circuit Affirms Nominal Damages, Reverses PLRA Fee Cap Order by Mark Wilson Third Circuit Affirms Nominal Damages, Reverses PLRA Fee Cap Order by Mark Wilson On March 28, 2014, a New Jersey federal district court refused to reduce a prisoner’s attorney fee award to $1.50 (i.e., 150% of his …
Article • January 13, 2015
Only BOP, Not Private Contractors, Can Tally Good Time Credits in Disciplinary Hearings by Only BOP, Not Private Contractors, Can Tally Good Time Credits in Disciplinary Hearings On February 14, 2013, the Ninth Circuit Court of Appeals reversed the denial of a habeas corpus petition that sought restoration of good …
Article • January 12, 2015
Prisoner Loses Habeas Suit Challenging Loss of BOP Good Time for “Constructive Possession” of a Weapon by Derek Gilna Prisoner Loses Habeas Suit Challenging Loss of BOP Good Time for “Constructive Possession” of a Weapon by Derek Gilna Federal prisoner Travis Denny was found in be in “constructive possession” of …
Brief • August 20, 2014
Byrd v. Iowa, IA, Order, Disciplinary Habeas Challenge, 2014
Article • May 20, 2014 • from PLN May, 2014
Liberty Interest Necessary to Trigger Arkansas Judicial Review by Mark Wilson Liberty Interest Necessary to Trigger Arkansas Judicial Review   by Mark Wilson   The Arkansas Supreme Court has upheld the dismissal of a prisoner’s state judicial review action because he failed to assert a constitutional violation. Arkansas Department of …
Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence by The New York Court of Appeals has held that when a criminal defendant acts with due diligence to demand the preservation of evidence that is reasonably likely to be of material importance, and the evidence is destroyed …
Washington Jail Denied Good Time without Due Process; Rehearing Ordered by The Washington Court of Appeals held in an unpublished opinion that a prisoner was denied good time credits without adequate due process protections. Allen Michael Knoll was held in the Skagit County jail between March 2011 and August 30, …
Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case by The Iowa Supreme Court has held that administrative law judges (ALJs) in the Department of Corrections (DOC) are entitled to assert the mental-process privilege in an Office of Ombudsman investigation, but that privilege may be overcome upon …
SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits by The South Carolina Supreme Court held in late 2012 that the Administrative Law Court (ALC) may not summarily dismiss a prisoner’s appeal of a disciplinary conviction “solely on the basis that it involves the loss …
Article • August 15, 2013
Washington DOC May Rehear Bungled Disciplinary Infractions While First Outcome Is Under Judicial Review by The Washington State Supreme Court (Supreme Court) has ruled that the State Department of Corrections (DOC) may rehear prison disciplinary infractions while the propriety of the first proceeding is being challenged in court. On July …
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