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$700,000 Jury Verdict for Wisconsin Prisoner Denied Due Process in Disciplinary Hearing by David Reutter by David M. Reutter   On November 27, 2023, the U.S. District Court for the Eastern District of Wisconsin denied state prison officials’ motion for new trial. That left standing a jury verdict finding that …
Article • May 1, 2024 • from PLN May, 2024
Dismissal Affirmed of Florida Prisoner’s Claim for Exposure to Human Waste by David Reutter by David M. Reutter On December 11, 2023, the Supreme Court of the U.S. declined to issue a writ of certiorari to hear a Florida prisoner’s appeal to a decision by the U.S. Court of Appeals …
Article • March 1, 2024 • from PLN March, 2024
Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000 by David Reutter by David M. Reutter On August 7, 2023, the U.S. Court of Appeals for the Seventh Circuit reversed summary judgment for Defendant Wisconsin prison officials in a prisoner’s lawsuit that alleged a due process violation when he was deprived …
Kentucky Prisoners Entitled to Review of Audio Recordings at Disciplinary Hearing by A Kentucky Court of Appeals held on February 26, 2016 that prisoners have a due process right to request the review of audio recordings at a prison disciplinary hearing. Proceeding pro se, Kentucky state prisoner Sammy F. Mobley, …
Violation of New York Disciplinary Witness Regulation Merits Rehearing by On October 27, 2015, the New York Court of Appeals held a prisoner’s challenge to a disciplinary hearing determination required remand for determination of whether the facts warranted a rehearing or expungement. While at Attica Correctional Facility, prisoner George Texeira …
Wisconsin Jail Policies Unconstitutional But Not Enjoined by Mark Wilson A Wisconsin federal court held that a jail's disciplinary, mail, and publication rules were unconstitutional. The court declined to enjoin those practices, however, essentially rendering its holding a mere advisory opinion. On September 29, 1970 pretrial detainees of the Milwaukee …
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 …
Wisconsin Supreme Court Upholds Disciplinary Result by David Reutter By: David M. Reutter The Supreme Court of Wisconsin held, on December 14, 2010 that a prison guard’s involvement in the investigation in an incident is not “substantial involvement” that violates the due process right to an impartial decision maker in …
Sixth Circuit: Prisoner’s “Insolent Speech” at Disciplinary Hearing Not Protected Under First Amendment by The Sixth Circuit Court of Appeals granted summary judgment to prison guards and nurses on a Michigan prisoner's retaliation, excessive force and denial of medical care claims. On July 21, 2004, Michigan prisoner James A. Lockett …
Impartial Prison Disciplinary Hearing Officials Required in Nevada by Matthew Clarke By Matt Clarke On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased. Brian Eugene Lepley, a Nevada state prisoner, …
WA Court Denies Petition Challenging Refusal to Review Confidential Information in Disciplinary Hearing by The Washington State Court of Appeals, Division II, has denied a personal restraint petition (PRP) that claimed a prisoner’s due process rights were violated when the Department of Corrections (DOC) refused his requests to review confidential …
Threat at Disciplinary Hearing Raises Due Process Issue by The U.S. District Court for the Eastern District of Pennsylvania held that unresolved factual issues precluded summary judgment. A Pennsylvania prisoner brought a §1983 action alleging violations of his right to due process during a disciplinary hearing in which the disciplinary …
Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
Snitch's Assault Claim Dismissed by The plaintiff was assaulted after he was named as an inmate informant in a disciplinary report. The court refuses to reconsider summary judgment for the hearing officer, since plaintiff shows no facts indicating that the hearing officer was aware of a significant risk before including …
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 …
Prisoners Have Right to Impartial Hearing Officer and to be Informed of Adverse Evidence in Disciplinary Hearings by Prisoners Have Right to Impartial Hearing Officer and to be Informed of Adverse Evidence in Disciplinary Hearings The Second Circuit Court of Appeals held that prisoners have the right to a hearing …
Hearing Officer Not Required to Identify Favorable Witnesses by The plaintiff alleged that the tape of his disciplinary hearing was tampered with to obfuscate a favorable answer from a witness. Since no tape is required by due process, and the plaintiff got the written statement setting forth the reasons for …
Right to Impartial Disciplinary Hearing Officers by A federal district court in Nevada held that prisoners have a well established right to impartial disciplinary hearing officers. Biased or partial hearing officers for disciplinary and administrative segregation hearings violate due process. The defendants were not entitled to qualified immunity because this …
MI Disciplinary Hearing Officers Entitled to Judicial Immunity by The court of appeals for the Sixth circuit held that Michigan Department of Corrections hearing officers were entitled to judicial immunity from suits for damages because they were attorneys and professional hearing officers similar to administrative law judges. Note that the …
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