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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 ...
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. ...
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 ...
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. ...
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 ...
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 ...
Article • May 15, 2007
Prison Rules Require Adequate Notice, Supervisor Liable in Disciplinary Appeals by A Maryland state prisoner sued under § 1983 challenging the lack of notice of prison rules and no prison appeal procedure. He was infracted for possessing contraband, anything not issued by the prison, for having a pair of jeans ...
Article • May 15, 2007
Idaho: Prison Regulation Provided Fair Notice of Prohibited Behavior by The Court of Appeals of Idaho held that a prison regulation prohibiting a prisoner from being in an unauthorized area gave fair notice that the prisoner's conduct was prohibited. Idaho state prisoner Gregory Nelson was charged with violating a prison ...
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 ...
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program ...
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 ...
Change in Infraction Level Requires Due Process in Wisconsin by A Wisconsin federal district court held that Wisconsin administrative code § HHS 303.68(4) creates a liberty interest which requires the security director to consider the regulation's criteria and make a statement of the criteria applicable to upgrade a prisoner's misconduct ...
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 ...
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