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Publication • April 10, 2017
Filed under: Notice of Rules
CDCR - Division 3 Rules and Regulations, 2008 Hay'-.-' B 1^* <5.y , ' State of California '•r — California Code of Regutations a Title 15, !-• V Crime Prevention and Corrections f ' W^w 'w»ftfc,.Kv S8^@y^>»<A !--v: ..-r* ; - • . • J'.'V /.'k y vL^mQBSH •>' m ...
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 ...
Article • September 7, 2016
Delaware: Prisoners Have No Right of Access to Certain DOC Policies; Court Rules Statute Denying Access Constitutional by Lonnie Burton On May 25, 2016, the Court of Chancery of the State of Delaware upheld the constitutionality of a state statute which prohibits the Department of Correction (DOC) from providing certain ...
Article • April 15, 2013 • from PLN April, 2013
No Free Speech Protection for Prisoners Who Copy Excerpts from Books by Christopher Zoukis Prisoners who copy "arguably inflammatory” or “incendiary” passages from the books they check out from a prison library or are allowed to purchase are not entitled to rely on the First Amendment to protect them from ...
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 • October 15, 2008 • from PLN October, 2008
New York Mail Rule Disciplinary Conviction Reversed by The Appellate Division, Fourth Department, of the New York Supreme Court has ordered the removal from a prisoner’s institutional record of a misbehavior report for failing to comply with correspondence rules. Curtis Davis, a prisoner at New York’s Attica prison, commenced an ...
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 prison disciplinary rule (DR). This ruling comes in the appeal ...
Article • August 15, 2008
Parolee Subject to Prison Rules Prior to Release by Complaints about fire code violations in a facility operated under contract with the state raised at most an issue of negligence on the part of the city where the facility was located, since the claim turned on their alleged failure to ...
Article • August 15, 2008
Failure to State Claim Dismissal Reviewed De Novo by The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge. ...
Ninth Circuit Upholds Discipline of Immigration Prisoner; PLRA Does Not Apply by The plaintiff, an immigration detainee, was in the law library when some visitors came in, and he made some disparaging remarks about the institution, handed them a flyer, and suggested they could not believe what officials told them. ...
Article • January 15, 2008
Non-English Speaking Fed Prisoner Entitled to Representative at Prison Disciplinary Hearing by In 1976, Aharon Ron, a federal prisoner in Lexington, Kentucky, was found hiding in a barn with his visitor. He was infracted for being in an unauthorized area. Ron didn't understand English very well and, when presented with ...
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep ...
Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment ...
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of ...
Article • May 15, 2007
New York Disciplinary Procedures Violate Due Process, Prisoner Awarded $750 by The U.S. District Court for the Northern District of New York held that disciplinary procedures extending prisoners' time in punitive segregation violated due process and that the prison's strip search policy violated the Fourth Amendment. Prisoners Zachary Morgan, Born-Allah, ...
Article • May 15, 2007
Legislation Supplies Notice On Its Own by At 1181-82: Whether an affected party is entitled to individual notice and a pre-deprivation hearing depends upon the character of the action. When the action is purely legislative, the statute satisfies due process if the enacting body provides public notice and open hearings. ...
Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to ...
Article • May 15, 2007
Federal Court Reaches Merits of Michigan Disciplinary Habeas by The petitioner challenged a disciplinary proceeding in which he lost good time after exhausting state judicial remedies. Under AEDPA, a federal court in habeas is bound by state court determinations unless they are contrary to or involve an unreasonable application of ...
Prisoner Cannot Be Punished for Engaging in Permitted Conduct by The U.S. Eighth Circuit Court of Appeals reversed and remanded a district court jury verdict in favor of a prison warden who punished a prisoner for engaging in conduct not prohibited by prison rules. Larry Coffman, a prisoner at Missouri ...
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