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Seventh Circuit Affirms Use Of “Some Evidence” Standard in Reviewing Federal Prisoner’s Disciplinary Violations
by Anthony W. Accurso
In an opinion reached on December 6, 2021, the U.S. Court of Appeals for the Seventh Circuit upheld a district court’s ruling that a federal prisoner’s disciplinary sanctions were valid so long as there was “some evidence” to support the underlying violations. Importantly, where the evidence ...
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More from this issue:
- Seventh Circuit Says No Evidence Illinois Prisoner Lied About Endangerment to Circumvent PLRA’s Three-Strikes Rule, by Matthew Clarke
- The Filth & the Fury: Philly Jails Descend into Murderous Chaos, by J.D. Schmidt
- From the Editor, by Paul Wright
- $1,425,000 Paid to Epileptic Illinois Detainee Denied Medication Who Suffered Seizure and Fell From Upper Bunk in Jail, by Jayson Hawkins
- Three Killed in Gang Activity at Mississippi Private Prisons Plus High-Profile Escape, But Only One MTC Guard Arrested, by Kevin Bliss
- Federal Judge Allows Retroactive Benefit Reduction for Incarcerated Veteran, by David Reutter
- The Catalog of Carceral Surveillance: Prison Gaming and AR/VR Services, by Beryl Lipton, Cooper Quintin
- California Appellate Court Reverses $2.7 Million Award for Wrongful Death of Woman Murdered by Grandson on Parole, by Jacob Barrett
- Ninth Circuit Strikes Nevada Ban on Muslim Prisoner’s Scented Prayer Oil, Allows Conditions-of-Confinement Claim Also to Proceed, by Mark Wilson
- Nakamoto Group Accused of Rubber-Stamping ICE Facility Inspections, by Alan Gaynor
- The Prisoner-Run Radio Station That’s Reaching Men on Death Row, by Keri Blakinger
- ACLU Wins FOIA Case at Michigan Supreme Court, Which Says Records May Be Exempted Only by Statute, Not Regulation, by David Reutter
- Floridians Face Prison for Voting from Jail, by Jenifer Lockwood, Panagioti Tsolkas
- Tenth Circuit Reinstates Federal Prisoner’s Claim Against BOP Over Denial of Muslim Group Prayer Five Times a Day, by Matthew Clarke
- Reinstating Suit by Louisiana Detainee’s Mother Over His Jail Suicide, Fifth Circuit Schools Lower Court in Meaning of “Standing”, by Matthew Clarke
- Vermont Supreme Court Keeps State Prisoner’s Challenge Alive to DOC’s Use of Expunged Convictions in Classification Decision, by Matthew Clarke
- $825,000 Paid to Estate of New Mexico Jail Detainee Who Died from Heroin Withdrawal, by Matthew Clarke
- Oregon Prison Superintendent Pleads Guilty to Drunk Driving and Interfering With Arrest, by Panagioti Tsolkas
- Eleventh Circuit Denies Qualified Immunity to Jail Guards Who “Did Nothing” in Face of Florida Detainee’s Suicide Threats, by David Reutter
- New York OIG Report Reveals 1,600 State Prisoners Punished Over Faulty Drug Tests, by Anthony Accurso
- $1.4 Million Paid by King County, Washington to Settle Juvenile Solitary Confinement Class Action, by Mark Wilson
- A First Glance in Rear-View Mirror at Pandemic, by Keith Sanders, Ashleigh Dye, Matthew Clarke, Kevin Bliss
- Seventh Circuit Affirms Use Of “Some Evidence” Standard in Reviewing Federal Prisoner’s Disciplinary Violations, by Anthony Accurso
- After $10 Million Settlement in Pennsylvania Jail Mugshot Class-Action, Fewer-Than-Expected Claims Leave Windfall for Expungement Program, by David Reutter
- Kentucky Judge Gives Ex-Jail Guard Convicted of Sexually Assaulting Prisoner Chance to Re-Enlist in Army to Avoid Jail Time, by Keith Sanders
- $177,500 in Settlements Reached with Detainees Assaulted by Guards at Pennsylvania Jail, by Ashleigh Dye
- HRDC Sues Centurion for Records Related to Vermont Prisoner Care, by David Reutter
- Florida and California Experiments Use Direct Cash Assistance to Newly Released Prisoners to Combat Recidivism, by Mark Wilson
- $350,000 Paid to Victim Beaten in Jail by California Sheriff’s Deputy, by Benjamin Tschirhart
- Oregon Court Rules Prisoner’s Admissions in Disciplinary Hearing Violate Miranda, But Harmlessly, by Jacob Barrett
- $35,000 Settlement Paid by California County After Jail Death of Elderly, Mentally Ill Detainee, by Benjamin Tschirhart
- Celebrity Prisoners Profit from NFT Sales of Their Work While Incarcerated, by Edward Lyon
- Idaho Supreme Court Finds Ladderless Bunks a “Sound Discretionary Decision,” But Says Resulting Injury Could Give Rise to Negligence Claim, by Jacob Barrett
- $40,000 Settlement Reached in HRDC Challenge to Nebraska Prison Censorship Policy, by David Reutter
- HRDC Sues Indiana Sheriff Over Censorship at County Jail, by Chuck Sharman
- Arizona Supreme Court Clarifies Rules for Asserting Attorney-Client Privilege for Communications from Jail, Including Texts Using Tablets, by Matthew Clarke
- Final Settlement Agreement Approved in COVID-19 Class Action at California Immigration Detention Center, by Matthew Clarke
- Settlement Improves ADA Accessibility Features, Health Care and Training in Florida Prisons, by Kevin Bliss
- Ohio Supreme Court Partially Reinstates Prisoner’s Pro Se Public Records Request, Sets Damages for Denial at $1,000, by Matthew Clarke
- Life Sentences Commuted for Two Massachusetts Prisoners Convicted of First-Degree Murder, by Keith Sanders
- News in Brief
- Mentally and Physically Disabled Texas Woman Hospitalized After Mistreatment at Jail, by Ashleigh Dye
More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- 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.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.
- Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard, June 15, 2024. Cell Site Location Information ("CSLI"), Opinions and Expert Testimony, Daubert Standards.
- 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.
- The Daniel Buffington Dilemma: Does His Expert Witness Testimony Satisfy Daubert?, Aug. 1, 2023. Death Penalty/Death Row, Daubert Standards, Expert and Opinion Testimony, Witnesses - Prior Statements/Testimony.
- Shielded From Public View, Misconduct by Corrections Staff in Illinois Prisons Received Scant Discipline, May 1, 2023. Guard Misconduct, Disciplinary Hearings.