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Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck
Loaded on Nov. 7, 2018
published in Prison Legal News
November, 2018, page 47
The Eleventh Circuit Court of Appeals held on April 23, 2018 that the “inconsistent-factual-allegation gloss” on Heck v. Humphrey, 512 U.S. 477 (1994) applies only “where the allegation in the [42 U.S.C.] § 1983 complaint is a specific one that both necessarily implies the earlier decision is invalid and is ...
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More from this issue:
- Louisiana Sex Offender Restrictions, Harsh Laws Prolong Prison Sentences
- Defense Investigator Jailed for Initially Refusing to Testify in Death Penalty Case, by Matthew Clarke
- Pennsylvania: Allegheny County Jail Settles Sexual Assault Claim for $32,000
- Dog-Sniff Search Policy Allowed Under Massachusetts Law, but APA Procedures Required
- BOP’s Violation of Alcohol Policy Ends in Expungement, Reversal of Disciplinary Sanctions, by Dale Chappell
- Over-Incarceration a Worldwide Problem, Report Finds, by Derek Gilna
- Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck
- Mississippi: Former Jailer Acquitted of Criminal Charges in Prisoner’s Death, by Kevin Bliss
- Oklahoma County Pays $150,000 to Settle Suit Over Jail Suicide, by Derek Gilna
- Class-Action Status Granted in Civil Rights Suit Over Disenfranchised Indiana Jail Prisoners, by Matthew Clarke
- New York’s Prison-to-Shelter Pipeline is Poor Option for Parolees, by Dale Chappell
- Deductions from Pennsylvania Prisoner’s Trust Account Require Notice
- Female Texas Prison Guards Allege Sexual Harassment, Abuse, Discrimination, by Edward Lyon
- Surprise Shutdown of Maine Prison Leads to Controversy, Court Order, by Christopher Zoukis
- Polls Show People Favor Rehabilitation over Incarceration, by Matthew Clarke
- New Mexico Prisoners Suffer and Die Under Privatized Health Care, by Edward Lyon
- Ohio Jail Detainee Receives $500,000 Settlement for Assault by Guard
- Maryland Adopts Prison Mailbox Rule for Post-Conviction Petitions
- $7,500 Settlement in Pennsylvania Prisoner’s Suicide
- San Diego County Targets Reporter Who Exposed Sky-High Jail Death Rate, by Dale Chappell
- Litigation Surrounding Radon Exposure at Connecticut Prison Moves Forward, by Panagioti Tsolkas
- #MeToo Movement, Misconduct Claims Impact Federal and State Judges, by Edward Lyon
- Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment
- Maricopa County, Phoenix Settle Lawsuit Over Mentally Ill Prisoner’s Death for $7.25 Million, by Matthew Clarke
- Arkansas DOC Says Water is Safe, but Most Tests Not Conducted in Housing Units, by Panagioti Tsolkas
- Texas Prison Officials Demoted, Fired after Disciplinary Quota System and Planted Contraband Exposed
- States Implementing New Technology to Fight Contraband Smuggling Via Drone, by Monte McCoin
- $7 Million Settlement for Pennsylvania Prisoner’s Suicide at Private Prison
- More Legal Cases Involving Transgender Prisoners in Multiple States, by Christopher Zoukis
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- Fighting the Fees that Force Prisoners to Pay for Their Incarceration, by Jean Trounstine
- Ninth Circuit: Prisoner’s Disciplinary Appeal Exhausted Claim of Having to Work on Religious Holiday, by Christopher Zoukis
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- The Secret World of Missouri DOC Internal Death Investigations, by Kevin Bliss
- Why Prison Reform is Not Enough to Fix the U.S. Criminal Justice System, by Ed Chung
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- California Muslim Prisoner Defeats Summary Judgment Order in Mixed Appellate Ruling, by Edward Lyon
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- Alaska Supreme Court Reverses Disciplinary Case Where Prisoner Not Allowed to Call Witnesses, by Matthew Clarke, David Reutter
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- Podcast Produced by Wisconsin Prisoner Tackles Criminal Justice Topics, by Steve Horn
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- Arkansas: $21,000 Settlement in Jail Release Debit Card Class-Action Suit, by Derek Gilna
- From the Editor, by Paul Wright
- News in Brief
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- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
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