Discipline.U.S. Appeals Court RETALIATION Farver v. Schwartz, 255 F.3d 473 (8th Cir. 2001). An inmate brought a [section] 1983 action against prison officials alleging that harassment from correctional officers prompted a urine test which resulted in his loss of good time credits, change of class, and relocation. The district court dismissed the action and the inmate appealed. The appeals court affirmed in part, reversed in part and remanded. The appeals court held that the inmate stated a claim under [section] 1983 with respect to allegedly false disciplinary charges and allegedly retaliatory relocation. The inmate had been relocated 250 miles from his home after he questioned an officer's right to deny him legal assistance. The inmate had previously filed a grievance against another officer that allegedly resulted in false disciplinary charges. (Cummins Unit The Cummins Unit (formerly known as Cummins state farm) is a state prison in Arkansas, USA. This prison farm is a 16,000 acre (65 km²) correctional facility located 28 miles south of Pine Bluff, off Highway 65 near the town of Grady in Lincoln County, Arkansas. , Arkansas Department of Correction) U.S. District Court EVIDENCE Gayle v. Lucas, 133 F.Supp.2d 266 (S.D.N.Y. 2001). A former prisoner brought a [section] 1983 action against state correctional officers, alleging they issued false and retaliatory misbehavior reports against him. The district court entered summary judgment for the defendants, finding that uncontradicted evidence indicated that the prisoner committed the offenses for which he had been disciplined. (Sing Sing Correctional Facility, New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of ) U.S. Appeals Court DUE PROCESS GOOD TIME Montgomery v. Anderson, 262 F.3d 641 (7th Cir. 2001). A state prisoner one in confinement, or under arrest, for a political offense. See also: State filed for habeas corpus habeas corpus (hā`bēəs kôr`pəs) [Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a relief alleging that the state had violated the Due Process Clause of the Fourteenth Amendment Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1 Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens when it placed him in disciplinary segregation and reduced his credit-earning class. The district court denied the petition and the appeals court affirmed. The appeals court held that the alleged inadequacies of the prison disciplinary board's finding of facts did not deny the prisoner due process, where the board explicitly relied on a conduct report and investigation which supplied details. The court noted that state prisoners have "more than a subjective hope for good-time credit" in a system that initially puts every prisoner in a class which allows good-time credit to accrue unless there is a violation of an enumerated This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles in a tariff schedule. rule. (Indiana State Prison The Indiana State Prison is located in Michigan City, Indiana about 50 miles east of Chicago.[1] It is a maximum security prison for adult males; however, minimum security housing also exists on the confines. ) |
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