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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 ...
Illinois: Prisoner Who Commits Disciplinary Infraction May Also Be Prosecuted In Court by In November 2011, the Illinois Court of Appeal held that a single unlawful act by a state prisoner may give rise to both disciplinary and criminal charges. In August 2000, Anthony Gay, a prisoner at Pontiac Correctional ...
Article • September 15, 2011
Washington Jail's Denial of Good Time Without Hearing Violates Due Process by Division 3 of the Washington State Court of Appeals has held that the Ferry County Jail’s denial of good time credits to a prisoner without notice or a hearing violated the federal Due Process Clause. Kenneth Atwood, a ...
Seventh Circuit Upholds False Disciplinary Charges; Due Process Violation in Transfer to Supermax Voluntarily Dismissed by The Seventh Circuit Court of Appeals affirmed a district court’s order dismissing a prisoner’s claim that guards violated his due process rights by fabricating a disciplinary charge and then finding him guilty based upon ...
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a ...
Due Process Required Before Termination from Colorado Sex Offender Treatment Program by Bob Williams The United States District Court for the District of Colorado has again found that Colorado state prisoners convicted of sex offenses have a liberty interest in receiving treatment and must be afforded due process prior to ...
More Settlements and Verdicts in New Hampshire False Disciplinary Charge Case by A federal jury in New Hampshire has awarded a total of $150,000 to two former prisoners in the continuing saga of false disciplinary charges by a guard at the Hillsborough County Jail. These cases stem from the actions ...
Dismissal Reversed on Disciplinary Segregation Case Where Fact Issues Remained by The U.S. Tenth Circuit Court of Appeals, partly reversing the U.S. District Court for the District of New Mexico, affirmed its prior decision in Gaines v. Stensberg, 292 F.3d 1222 (10th Cir. 2002), holding that dismissal of a 42 ...
US Supreme Court Holds Forced Drugging of Mentally Ill Prisoner Not Unconstitutional by The U.S. Supreme Court held that the forced medication of a mentally ill prisoner did not violate substantive due process, nor was the issue moot merely because the prisoner was not currently being forcibly medicated. A Washington ...
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified ...
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 ...
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. ...
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their ...
New York Prisoner's Due Process Right's Violated At Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the lower court was correct in holding that the Department of Corrections(DOC) violated the due process rights of a prisoner. The adjustment committee and the warden discussed the ...
Article • May 15, 2007
Elevated Charges, No Lab Analysis Does Not Violate Due Process by The U.S. Court of Appeals for the Eighth Circuit held that a Missouri state prisoner's due process rights were not violated as a result of disciplinary proceedings stemming from a possession of contraband charge. Prisoner Dale Holt was found ...
Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process by Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process A Federal District Court in Illinois has found a pretrial detainee's rights were violated when he was placed in segregation for nearly three years without a hearing ...
Drug Program Removal Requires Due Process by The Eastern District Court of New York held that prisoners in New York States High Impact Incarceration Program had a state created liberty interest in remaining in the program. Removal from the program required due process. Michael Galloway was a state parole violator ...
Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional by Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional The Court of Appeals of the State of Washington, Division I, held that sanctions resulting from a prisoner's use of insolent and threatening language on an administrative grievance did not violate the First ...
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