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Second Circuit Discusses Heck and Edwards
Loaded on Nov. 15, 1999
published in Prison Legal News
November, 1999, page 21
No Bar to Prisoners Challenging Condition, not Duration, of Disciplinary ConfinementThe Second Circuit court of appeals has held that prisoners who have no recourse under the federal habeas corpus statute may file a federal civil rights suit challenging their conditions of confinement due to prison disciplinary or administrative action. ...
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More from this issue:
- The Cultural Commodification of Prisons, by Paul Wright
- New Jersey Guard Wins $3.75 Million Harassment Suit
- From the Editor, by Dan Pens
- New York City Arrestee Awarded $5.02 Million in Strip Search
- PLN Sues Washington DOC over Censorship of Nazi Guard Exposé
- California Changes Shooting Policy, by Willie Wisely
- $7,000 Award to Prisoner Shoved by Guard while Praying
- No Privacy Rights for Sex Offender Registrants
- CCPOA Pimping in the California State Assembly, by Dan Pens
- Probable Cause Hearing Delay Actionable, by Ronald Young
- Ex-Welfare Workers in Georgia Replaced with Prison Slaves
- California Prison Legal Fund Broke, by Willie Wisely
- Nevada Guards Party with Inmate Welfare Fund
- Prison Realty Stock Plummets; Shareholders File Suit
- Corcoran Bad Apple Rehired, by Willie Wisely
- New York Retaliation Suit Nets $100,000 in Damages
- California Governor Vetoes Parole Reform Bill
- California Illegally Dumps Parole Records, by Willie Wisely
- Suicides at Connecticut Prison Raise Concerns about Mental Health Care
- Prisoner Strip Search Warrants Fourth Amendment Analysis, by Ronald Young
- Amended Complaint Filed Outside Limitations Period Relates Back
- A Guide to the Prison Litigation Reform Act, by John Boston (Review), by Paul Wright
- California Visits Reinstated after Food Boycott (Letter), by D.R.
- $100,000 Settlement in South Carolina Jail Death
- Heck Not Applicable to Ad Seg; Only "Available" Exhaustion Required
- Retaliatory Acts Need Not "Shock the Conscience" to be Actionable
- Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner
- Second Circuit Discusses Heck and Edwards
- Evidentiary Hearing Allowed in PLRA Consent Decree Terminations
- West Virginia Supreme Court Upholds Computer Ban
- Washington Felony Infraction Law Struck Down
- Request for Telephonic Appearance Must Be Considered
- BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit
- Trial Required in Jail Attack
- Race Discrimination Claim Not Barred by PLRA Physical Injury Rule
- News in Brief
- PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case
- PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit
More from these topics:
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC, April 1, 2024. Disciplinary Hearings, Disciplinary Litigation, False Charges (Disciplinary Hearings), Evidence, Drug Testing, Estimates/Averages - Use of, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- Colorado Prisoners Disciplined for Not Working Despite Ban on Prison Slavery, April 1, 2024. Prison Labor, Disciplinary Hearings.
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, March 1, 2024. Disciplinary Hearings, Hearing Officers, Seizure of Prisoner Funds.
- Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, Feb. 1, 2024. Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Liberty Interests, Good Time, Assaults on Staff.
- Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing, Sept. 1, 2023. Disciplinary Hearings, Court Appearances, Probable/Proximate Cause, After Request for Counsel.
- Shielded From Public View, Misconduct by Corrections Staff in Illinois Prisons Received Scant Discipline, May 1, 2023. Guard Misconduct, Disciplinary Hearings.
- Iowa Ombudsman Calls Out DOC For Unfair Prisoner Discipline, April 1, 2023. Disciplinary Hearings, Disciplinary Proceedings.
- Seventh Circuit Affirms Use Of “Some Evidence” Standard in Reviewing Federal Prisoner’s Disciplinary Violations, Aug. 1, 2022. Disciplinary Hearings, Daubert Standards.
- Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident, June 1, 2022. Disciplinary Litigation, Guard Brutality/Beatings.
- Fifth Circuit Refuses to Reinstate Louisiana Federal Prisoner’s Suit Challenging Disciplinary Sanction for Breaking CPAP Machine, March 28, 2022. Medical, Disciplinary Hearings, Money/Property.