AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
Prisoner Classification
A California prisoner
challenged his validation as an associate of the Mexican Mafia prison gang,
claiming that the regulation under which this was carried out was void
for vagueness. A federal appeals court rejected this claim, finding that
the regulation was sufficiently particular in spelling out what types of
conduct could result in validation. The record showed that the validation
was supported by "some evidence," which was a sufficient legal
standard. Castro v. Terhune, #11-16837, 2013 U.S. App. Lexis 6905 (9th
Cir.).
Two California prisoners
claimed that authorities violated their rights by validating them as active
gang associates. In the case of both prisoners, the decisions were based
on three sources of information, a minimum number mandated by state regulations,
and included gang rosters and other gang documents as well as a debriefing
report by another prisoner involved in gang activity. As to one prisoner,
there was adequate evidence of his gang involvement. As to the other prisoner,
however, the debriefing report lacked specifics about his involvement in
any gang-related conduct or acts. The court also ruled that due process
was required before validating a prisoner as an active gang associate,
because the decision had an impact on a prisoners' housing and credits,
but the lack of any procedure for the prisoners to call witnesses and the
limited disclosure of confidential information did not violate due process
because concerns about institutional safety justified using less demanding
procedural protections. In re Fernandez, #C070016, 2013 Cal. App. Lexis
31.
A prisoner serving two consecutive sentences
for conspiracy to distribute heroin and for possession of a prohibited
object challenged the determination of the Federal Bureau of Prisons that,
given his history, his placement in a halfway house for 5-6 months prior
to his release at the end of his sentence was adequate, despite legislation
that empowered them to place him there for up to 12 months. The determination
was not an abuse of discretion and did not fail to comply with 42 U.S.C.
§ 17541, the Federal prisoner reentry initiative. Vasquez v. Strada,
#12-1114, 684 F.3d 431 (3rd Cir. 2012).
California prison regulations provided that
classifying a prisoner as a gang member could have the consequence of him
being housed in a security housing unit. An intermediate appeals court
granted a petitioner habeas relief from being designated a gang member,
as it disagreed with the department's interpretation of the regulation
at issue. The California Supreme Court overturned that ruling, finding
that the appeals court had failed to appropriately defer to the corrections
department's interpretation of its own regulations. The department interpreted
the regulation as not requiring proof of two-way interaction between the
prisoner and another inmate already deemed a gang affiliate. The department's
policy of classifying some inmates as gang affiliates based on their own
unilateral actions was not clearly unreasonable. In re Cabrera, #S19728,
2012 Cal. Lexis 9985.
A prisoner argued that he was improperly
classified as a member of a Security Threat Group in violation of his constitutional
rights. Rejecting this argument, a federal appeals court noted that a "prisoner
has no liberty interest in his custodial classification." His resulting
confinement in administrative segregation was not so restrictive as to
implicate a liberty interest. Flores v. Livingston, #10-10280, 2010 U.S.
App. Lexis 26304 (Unpub. 5th Cir.).
A number of inmates claimed that prison officials
violated their rights by classifying them as associated with members of
the Prison Motorcycle Brotherhood and refusing to grant them access to
their files for the purpose of reviewing and challenging their classification.
The appeals court upheld dismissal of claims regarding their classification,
as they failed to show that the officials had participated in their classifications.
The prisoners also failed to show how access to their personal files would
affect any due process right they had. Jenner v. Backus, #09-1093, 2009
U.S. App. Lexis 17618 (Unpub. 10th Cir.).
A psychiatrist, a psychologist, and an intern
were entitled to absolute immunity on a prisoner's claims arising from
their actions in preparing reports at the request of a state court that
resulted in him being housed in a more restrictive special housing unit
rather than in a "special needs unit." The defendants were functioning
as n arm f the court in preparing the reports. Further, the prisoner did
not have a constitutionally protected liberty interest in any particular
classification. Lewis v. Pearsall, #08-786, 2009 U.S. Dist. Lexis 9707
(D. Del.).
Bureau of Prisons (BOP) regulations allowing
the transfer of prisoners to community correctional facilities (Residential
Re-Entry Centers or RRC) only during the final ten percent of their sentences
held to violate statutory provisions enacted by Congress giving the BOP
authority to transfer prisoners to such facilities at any time. Rodriguez
v. Smith, No. 07-16014, 2008 U.S. App. Lexis 18918 (9th Cir.).
A security threat group (STG) policy under
which a prisoner was classified and housed as a member of such a group
did not constitute impermissible additional punishment for his crimes.
Additionally, the prisoner failed to show that his STG classification
was based on retaliation rather than legitimate penological goals. Ramirez
v. Guinn, No. 06-16553, 2008 U.S. App. Lexis 6738 (9th Cir.).
Sex offender's objection to the application
of a mental health category to him without "due process of law"
rejected, as no violation of any constitutionally protected liberty interest
was involved, since the categorization did not concern a hospital placement.
Classification as a sexual offender was justified by his past convictions
of three counts of second-degree criminal sexual conduct and one count
of first-degree criminal sexual conduct. Disability discrimination claims
under the Americans with Disabilities Act (ADA), 42 U.S.C. Sec. 12131 et
seq., and the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794 were rejected
because the definition of "disability" in those statutes specifically
excludes "sexual behavior disorders." Rice v. Mich. Dept. of
Corrections, No. 1:07-CV-578, 2007 U.S. Dist. Lexis 83792 (W.D. Mich).
Prisoner's claims concerning the alleged
violation of his rights as a result of his classification as a gang member
and placement in administrative segregation were either frivolous or meritless.
Additionally, his claims for injunctive relief were moot since he had been
released from prison. The conditions he was allegedly subjected to, such
as the denial of access to salt and pepper, denial of participation in
work and education programs, and denial of access to television and games
were not sufficient to show a deprivation of constitutionally protected
liberty interests. The alleged limitation of access to legal research to
only three days a week was found not to have denied his right of access
to the courts. Farr v. Rodriguez, No. 05-41395, 2007 U.S. App. Lexis 28191
(5th Cir.).
The New York Department of Corrections acted
in an "arbitrary and capricious manner" in failing to provide
an inmate with a written statement of why he was denied the right to call
witnesses at a hearing to determine whether he should be placed in "close
custody" on the basis of his alleged gang influence and ability to
"orchestrate" violence. The DOC's own regulations required such
a statement and there was nothing in the hearing record to indicate why
the prisoner's request to call witnesses was denied. The court ordered
a new hearing. Matter of Singh v. Okada, #403573/07, 2007 N.Y. Misc. Lexis
6880 (Supreme Court, N.Y. County).
Prison officials did not violate inmate's
rights by classifying him as a security risk without a hearing after he
was accused of planning to escape by using a passport his twin brother
had provided him. The state of Connecticut had not given inmates a protected
liberty interest in their security classifications, and the deprivations
he allegedly suffered were not an "atypical and significant hardship."
Additionally, the court noted, prisoners do not generally have constitutionally
protected liberty interests in classifications that allow them to participate
in rehabilitative programs (one of the arguments the prisoner put forward
for why he was entitled to a hearing. Taylor v. Levesque, No. 06-0356,
2007 U.S. App. Lexis 21178 (2nd Cir.).
Oklahoma state law did not create an expectation
that a prisoner would be held in any particular facility and his transfer
and classification reduction did not violate his constitutional rights.
Prison officers needed to be able to house and classify prisoners as they
deemed necessary for security purposes, and the prisoner was not entitled
to a hearing before his classification was reduced. Gauthier v. Higgins,
No. 06-7102, 2007 U.S. App. Lexis 8396 (10th Cir.).
Prisoners housed in "Capital Case Unit"
in Pennsylvania prison failed to show that their rights were violated when
they were not transferred from there to the general population when their
death sentences were vacated or overturned. The state Department of Corrections
had discretion as to where to house such prisoners, and the prisoners failed
to show that remaining where they were subjected them to "atypical
and significant" hardships in relation to the "ordinary incidents
of prison life." Clark v. Beard, No. 644 C.D. 2006, 2007 Pa. Commw.
Lexis 61.
Placement of a prisoner into a "level
IV" rather than a "level III" prison in California
did not violate a 14th Amendment due process liberty interest or violate
the Eighth Amendment prohibition against cruel and unusual punishment when
the prisoner did not suffer an "atypical and significant hardship"
by reason of the classification. Myron v. Terhune, No. 04-15770, 2007 U.S.
App. Lexis 2818 (9th Cir.). [N/R]
Bureau of prisons regulations barring a prisoner's
transfer to a Community Correctional Center (CCC) until only 10% of his
sentence remained to be served were a violation of the intent of Congress
in 18 U.S.C. Sec. 3621(b) that all decisions regarding placement and transfers
of inmates be made on an individual basis. Wedelstedt v. Wiley, No. 06-1461,
2007 U.S. App. Lexis 3701 (10th Cir.). [N/R]
Policy under which prisoner's status was
changed to a more restrictive classification, rendering him ineligible
to participate in employment or other prison programs or make phone calls,
and the application of that policy without written notice did not inflict
an "atypical or significant hardship" and therefore did not violate
his due process rights. Padilla v. Beard, No. 06-2900, 2006 U.S. App. Lexis
28439 (3rd Cir.). [N/R]
Prisoner transferred to Supermax facility
received all due process required in hearing even though the findings were
eventually overturned and he was transferred out again. Prisoner himself
failed to pursue claim that the hearing should have been held before his
transfer. Lagerstrom v. Kingston, No. 06-1521, 2006 U.S. App. Lexis 22741
(7th Cir.). [2006 JB Nov]
Prisoner in Colorado correctional facility
failed to show that either local or state law required that the Department
of Corrections hold a hearing concerning whether a prisoner could be referred
for a placement in a community corrections program, and court rules that
it could not review the issue of whether the Department improperly included
immigration detainers, such as the one the prisoner had, as an exclusionary
factor for community corrections placement. The prisoner was also not entitled
to a hearing on the question of whether the Department had properly determined
that he was a flight risk. Rivera-Bottzeck v. Ortiz, No. 04CA1628, 134
P.3d 517 (Colo. App. 2006). [N/R]
Bureau of Prisons, in deciding whether to
transfer an inmate to a community corrections center must consider the
factors spelled out in 18 U.S.C. Sec. 3621(b). Federal appeals court upholds
challenge to BOP regulation limiting a prisoner's placement in a CCC to
the lesser of six months or ten percent of his sentence of imprisonment.
Levine v. Apker, No. 05-2590, 455 F.3d 71(2d Cir. 2006). [N/R]
New Mexico prisoner incarcerated in California
prison failed to state a claim against New Mexico correctional authorities
for alleged violations of his rights in connection with prisoner classification
hearings and alleged denial of adequate recreation. Garcia v. LeMaster,
No. 04-2280, 439 F.3d 1215 (10th Cir. 2006). [2006 JB May]
Federal appeals court finds that Bureau of
Prisons regulation limiting prisoners' placement in halfway houses to a
maximum of ten percent of their sentences violates a statute requiring
a determination of eligibility for such placement based on consideration
of specific criteria. Fults v. Sanders, No. 05-3490, 2006 U.S. App. Lexis
8289 (8th Cir.). [2006 JB May]
Federal prison regulations limiting prisoners'
placements in community confinement ruled invalid by federal appeals court.
Woodall v. Fed. Bureau of Prisons, No. 05-3657, 2005 U.S. App. Lexis 27413
(3d Cir.). [2006 JB Feb]
Connecticut prisoner had no constitutionally
protected due process liberty interest in retaining a particular security
classification or placement in a less restrictive half-way house or work-release
setting, and therefore had no right to any particular procedures before
being designated a "Security Risk Group Threat Member." Harris
v. Meulemans, No. 3:02 CV 1580, 389 F. Supp. 2d 438 (D. Conn. 2005). [N/R]
Missouri's creation and use of revised prisoner
classification policies, which resulted in a prisoner's reclassification
and transfer to a higher security center did not amount to an unconstitutional
retroactive enhancement of his punishment in violation of the "ex
post facto" prohibitions of the U.S. or state constitutions. Davis
v. Kempker, No. WD 64237, 167 S.W.3d 721 (Mo. App. W.D. 2005). [N/R]
Designating a prisoner as a member of a "Security
Threat Group" on the basis of gang activity without a prior hearing
did not violate his rights. Harbin-Bey v. Rutter, No. 04-1458, 2005 U.S.
App. Lexis 17511 (6th Cir.). [2005 JB Oct]
Trial court improperly dismissed prisoner's
lawsuit against probation officer claiming that his placement in a detention
facility was a violation of his rights when there were court orders requiring
that he be placed in a halfway house for his alleged probation violation.
The lawsuit was not barred by the rule in Heck v. Humphrey, No. 93-6188,
512 U.S. 477 (1994) when it only challenged his confinement in one facility
instead of another, and did not challenge either the duration or fact of
his confinement. Taylor v. U.S. Probation Office, No. 03-5370, 409 F.3d
426 (D.C. Cir. 2005). [N/R]
Unanimous U.S. Supreme Court finds that procedures
Ohio adopted to govern its placement of its most dangerous prisoners at
its "Supermax" facilities are constitutionally adequate to satisfy
due process. Such procedures, while providing prisoners with an opportunity
to present information and receive notice concerning the basis for the
proposed classification, need not be full-blown adversary proceedings,
and the prisoners' rights were not violated by their inability to call
witnesses at the hearings. Wilkinson v. Austin, No. 04-495, 125 S. Ct.
2384 (2005). [2005 JB Aug]
A non-profit charity that owns and operates
eighteen community corrections centers in seven states did not have standing
to pursue a legal challenge to a Bureau of Prisons' policy that had the
effect of reducing the number of federal prisoners who could serve all
or part of their sentences in such centers by claiming that the policy
was an abuse of discretion. The appeals court found that the prisoners
affected by the policy would be more appropriate plaintiffs for such a
claim. Dismas Charities, Inc. v. U.S. Dept. of Justice, No. 03-6502, 401
F.3d 666 (6th Cir. 2005). [N/R]
Federal Bureau of Prisons did not violate
a prisoner's due process rights when it refused to transfer him to another
facility where he could participate in a residential drug abuse treatment
program based on his classification as a security risk. The classification
was based on his "undisputed" record of misconduct while incarcerated
and his own voluntary action in providing information to prison officials
about gang activity, resulting in a need to protect him from possible assault
by placement in a special housing unit. Beckley v. Miner, No. 04-4081,
125 Fed. Appx. 385 (3rd Cir. 2005). [N/R]
Prisoner's claim that his due process rights
were violated when he was classified by prison officials as a sex offender
because of an accusation by a female prison guard that he deliberately
masturbated in his cell for her to see was not frivolous. Prisoner claimed
that he was improperly denied the opportunity to present witnesses at a
hearing on the sex offender classification. The appeals court does, however,
reject as frivolous his equal protection and Eighth Amendment claims. Fistell
v. Neet, No. 03-1285, 125 Fed. Appx. 219 (10th Cir. 2005). [N/R]
U.S. Supreme Court to examine what due process
is required before placing prisoners in a "super-maximum security"
facility. Austin v. Wilkinson, #02-3429, 372 F.3d 346(6th Cir. 2004), cert.
granted, Wilkinson v. Austin, 04-495, 2004 U.S. Lexis 8174. [2005 JB Feb]
Federal appeals court rules that Bureau of
Prison's policy of limiting prisoner placement in Community Corrections
Centers to the lesser of six months or ten percent of the prisoner' sentence
is based on an incorrect interpretation of the applicable statutes. Elwood
v. Jeter, No. 04-2253, 386 F.3d 842 (8th Cir. 2004). [2005 JB Feb]
Mississippi prisoner failed to show that
the state Department of Corrections acted in an arbitrary and capricious
manner in reclassifying his custody status. Prisoners do not have a property
or liberty interest, under either the U.S. Constitution or Mississippi
state law, in a particular custodial classification or housing assignment.
Further, the prisoner himself admitted that he had received an administrative
hearing, that an investigation was conducted, and that relevant evidence
was presented at the hearing concerning his alleged activities as a leader
of a gang called the "Gangster Disciples" prior to the change
in his classification. Hurns v. Mississippi Department of Corrections,
No. 2002-CP-01895-COA, 878 So. 2nd 223 (Miss. App. 2004). [N/R]
Federal Bureau of Prison's changed interpretation
of statute, 18 U.S.C. Sec. 3621(b) as limiting its authority to place prisoners
in community confinement centers (CCC) to only the final ten percent or
six months of a sentence, whichever was less, was not entitled to deference,
as it was a legal interpretation of a statute, rather than a regulation
adopted pursuant to the BOP's rule-making authority. Court rules that the
interpretation was invalid, since the statute grants the BOP the authority
to designate or transfer prisoners to a CCC at any time prior to the end
of their sentence. Further, any application of this policy to the plaintiff
prisoner's sentence was an improper retroactive enhancement of his punishment,
violative of the "ex post facto" clause of the U.S. Constitution.
Crowley v. Federal Bureau of Prisons, 312 F. Supp. 2d 453 (S.D.N.Y. 2004).
[N/R]
Ohio prisoners had a protected liberty interest
in not being placed in a "supermax" high-security facility without
due process. Federal appeals court upholds trial judge's injunctive orders
concerning procedures to be followed prior to placement, including specific
notice of grounds for placement and evidence to be relied on, but also
finds that trial court went too far in modifying substantive state regulations,
such as specifying the amount of drug possession or level of gang involvement
required before placement in the "supermax" facility. Austin
v. Wilkinson, #02-3429, 2004 U.S. App. Lexis 11414 (6th Cir.). [2004 JB Jul]
Establishment of new guidelines governing
security classifications, work release, and family leave were not unconstitutional
"ex post facto" laws increasing prisoners' punishment retroactively.
They were not laws, but merely guidelines promulgated as an exercise of
discretion and correctional officials had the authority to modify them.
Watkins v. Secretary, Department of Public Safety and Correctional Services,
No. 118, 831 A.2d 1079 (Md. 2003). [N/R]
Prisoner was entitled to a preliminary injunction
against the Bureau of Prisons' (BOP) new regulation which had the effect
of delaying his release to a halfway house until 90% of his sentence had
been served. Prisoner claimed that regulation was adopted in violation
of Administrative Procedure Act, 5 U.S.C. Sec. 553 (b,c,d). Colton v. Ashcroft,
299 F. Supp. 2d 681 (E.D. Ky. 2004). [N/R]
Placement of intersexual (hermaphrodite)
prisoner with both male and female characteristics in segregated confinement
for 438 days with severely limited privileges solely because of status
of ambiguous gender was not a violation of the Eighth Amendment. Such placement
was not aimed at punishment, but at protecting the safety of the inmate
and other prisoners, and the plaintiff prisoner was provided with all basic
necessities. Court also rejects equal protection claim. Continuation of
administrative segregation beyond 30 days, however, without a hearing and
with no attempt to "elevate" prisoner's living conditions was
"completely arbitrary and capricious," and lacked a rational
basis. Prison officials should have known this, and were therefore not
entitled to qualified immunity, but only nominal damages of $1 were awarded,
in the absence of evidence of actual harm, such as lasting mental or physical
damages resulting from the segregated confinement. Plaintiff would also
be awarded expert costs, attorneys' fees, and court costs as a prevailing
party under 42 U.S.C. Sec. 1988. DiMarco v. Wyoming Dept. of Corrections,
300 F. Supp. 2d 1183 (D. Wyo. 2004). [N/R]
U.S. Supreme Court to review issue of whether
California prison practice of routinely segregating prisoners by race during
initial period of incarceration is permissible for purposes of preventing
racial violence, as federal appeals court ruled, or unconstitutional discrimination
in violation of the right to equal protection. Johnson v. California, #03-636,
72 U.S. Law Week 3551 (March 1, 2004). [2004 JB Apr]
Bureau of Prisons' application to prisoner
of a statutory requirement limiting the amount of time an inmate can spend
in a community confinement center to 10% of his total sentence was not
a violation of his rights. The fact that the prisoner was sentenced before
a Deputy Attorney General's opinion on the subject was issued did not alter
the result. Adler v. Menifee, 293 F. Supp. 2d 363 (S.D.N.Y. 2003). [N/R]
Federal Bureau of Prisons' policy deciding
that it lacked discretion to place low-risk federal prisoners in community
corrections centers was based on a "clearly erroneous" interpretation
of a controlling federal statute, 18 U.S.C. Sec. 3621, and the bureau's
conclusion was therefore not entitled to deference. Court orders bureau
to reconsider the designation of place of imprisonment for each of the
plaintiff prisoners. Estes v. Federal Bureau of Prisons, 273 F. Supp. 2d
1301 (S.D. Ala. 2003). [N/R]
Virginia prisoner had no right to be housed
in a state correctional facility rather than a local jail, even if the
facilities and opportunities for participation in programs such as work
release, paid work, furlough, contact visits, additional exercise, and
vocational training were not the same. This did not violate equal protection
when prisoners were not classified on the basis of a suspect class, such
as race, and there was a rational basis for disparate treatment. Khalig
v. Angelone, #02-7365, 72 Fed. Appx. 895 (4th Cir. 2003). [N/R]
Federal trial court enjoins U.S. Bureau of
Prisons from transferring prisoner out of community corrections center
into prison for service of his sentence for bank fraud previously plea-bargained
for. The Bureau of Prison's new policy precluding community corrections
center confinement, allowed for the previous 17 years, may well be additional
punishment, the court stated, barred by the double jeopardy clause of the
Fifth Amendment to the U.S. Constitution. The court agreed that it (the
new policy) was contrary to the plaintiff prisoner's expectations when
he entered into the plea bargain. Ashkenazi v. Attorney General of the
U.S., 246 F. Supp. 2d 1 (D.D.C. 2003). [N/R]
Indiana prisoner had no constitutionally
protected right to a hearing concerning his transfer from protective custody.
"Classification matters should be left to prison authorities unless
there are clear constitutional violations involved." Miller v. McBride,
259 F. Supp. 2d 738 (N.D. Ind. 2001). [N/R]
Private corporation operating correctional
facility was not liable for violating a prisoner's liberty interest by
placing him in medium security status. Prisoner was not entitled to any
particular status and the company's officials had explained the basis for
the classification. Additionally, his placement in disciplinary segregation
for committing a battery while in prison did not violate his rights when
there was nothing "atypical" about the conditions in segregation.
The city in which the prison was located could not be held liable for any
alleged violation of the prisoner's rights when there was nothing to show
that the city had any role in operating the prison. Byrd v. Cornell Corrections,
Inc., No. 02-6316, 60 Fed. Appx. 191 (10th Cir. 2003). [N/R]
Admitted policy of using race as a factor--even
the dominant factor--in assigning new inmates with their initial cell mate
for a 60 day period did not constitute racial discrimination in violation
of the right to equal protection. Johnson v. State of California, No. 01-56436,
321 F.3d 791 (9th Cir. 2003). [2003 JB Jun]
Kansas correctional "incentive programs"
placing prisoners in various "levels" and according them privileges
accordingly based on their participation in what prisoners described as
"involuntary behavioral modification" systems did not violate
prisoners' due process rights. Love v. McKune, #01-3332, 33 Fed. Appx.
369 (10th Cir. 2002). [2002 JB Aug]
Prisoner who was reclassified into a classification
in which he could not earn good time credits based on a disciplinary conviction
for failing to obey prison's grooming policy could not pursue federal civil
rights claim for damages when the disciplinary conviction had not previously
been set aside. Diaz v. Terhune, 173 F. Supp. 2d 1026 (N.D. Cal. 2001).
[2002 JB Mar]
Removing inmate from a "house arrest"
program and placing him in the general prison population after allegedly
refusing to allow prisoner to present witnesses and evidence at a classification
committee hearing or to let his lawyer participate was arbitrary and capricious.
Edwards v. Booker, #2000-CA-00283-SCT, 796 So. 2d 991 (Miss. 2001). [2002
JB Feb]
284:125 County liable for $40,000 for injuries
to prisoner in protective custody who was attacked by two gang member pre-trial
detainees in common recreation area; court rules that policy allowing prisoners
with different security levels to take recreation together was deliberate
indifference in light of knowledge of specific threats to plaintiff prisoner.
Miller v. Shelby County, Tenn., 93 F. Supp. 2d 892 (W.D. Tenn. 2000).
286:156 Prisoner
who was classified as a sexual offender under an Alabama state statute,
despite never having been convicted of a sex related offense was entitled
to due process before such classification because of the "stigmatizing"
effect of this classification; second prisoner who had been convicted of
a sex related offense could not challenge sex offender community notification
statute while incarcerated, since it did not affect him prior to his release.
Kirry v. Siegelman, Nos. 98-6236, 98-6672, 195 F.3d 1285 (11th Cir. 1999).
272:121 District
of Columbia did not violate Spanish-speaking prisoners' rights by failing
to provide official interpreters for all disciplinary, classification,
housing, or other institutional hearings, or by failing to have bilingual
medical personnel. Franklin v. District of Columbia, #97-7162, 163 F.3d
625 (D.C. Cir. 1998).
255:41 Kentucky
prisoner's retention in medium security classification after reclassification
committee recommended minimum security classification did not violate his
due process or equal protection rights when possibility of override of
committee recommendations was explicitly provided for by correctional policy.
Mahoney v. Carter, 938 S.W.2d 575 (Ky. 1997).
247:102 Prisoner
could sue correctional officials for alleged failure to provide him with
qualified sign language interpreter for disciplinary and classification
hearings; federal appeals court rules, however, that formal certification
of interpreter was not required, as a matter of law, under federal disability
discrimination law. Duffy v. Riveland, 98 F.3d 447, 1996 U.S. App. Lexis
26529 (9th Cir. 1996).
[N/R] Prison
superintendent's failure to wait for classification committee's recommendation
before reducing inmate's classification from minimum security to medium
security did not violate due process. Griffin-El v. Delo, 34 F.3d 602 (8th
Cir. 1994).
Reclassification/administrative
detention of cuban inmate facing deportation did not violate rights; justified
by riots elsewhere. Vallina v. Meese, 704 F.Supp. 769 (E.D. Mich. 1989).
Inmate's due
process rights were not violated by consideration of hearsay materials
in making classification determination. Wolfe v. State, 759 P.2d 950 (Idaho
App. 1988).
Policy assigning
women to high security unit on basis of their radical political beliefs
and alleged association with revolutionary organizations declared unconstitutional.
Baraldini v. Meese, 691 F.Supp. 432 (D.D.C. 1988).
Inmates reclassified
and relocated from work camp to main prison had no protectible due process
claim. Jenkins v. Fauver, 219 N.J. Super. 170, 530 A.2d 37 (N.J. Super.
A.D., 1987).
Prisoner's classification
as "violent offender" raised no constitutional issue. Hernandez
v. Johnson, 833 F.2d 1316 (9th Cir. 1987).
Assignment of
dangerous inmate to administrative segregation without formal hearing did
not violate his rights. Bailey v. Shillinger, 828 F.2d 651 (10th Cir. 1987).
No denial of
equal protection in allowing murderers, but not sex offenders, certain
privileges. Kendking v. Smith, 781 F.2d 850 (11th Cir. 1986).
No violation
in cell placement. Freeman v. Fuller, 623 F.Supp. 1224 (D.C. Fla. 1985).
Co. jail officials
have broad discretion in classification. Marshall v. Kozakiewicz, 601 F.Supp.
1549 (W.D. Pa. 1985).
No liability
for escapee's acts. Reddish v. Smith, 468 So.2d 929 (Fla. 1985).
Florida Supreme
Court asked to decide whether classification is a discretionary function
afforded immunity for assaults. Davis v. State, Dept. of Corrections, 460
So.2d 452 (Fla. App. 1984).
Inmates ordered
returned to previous status before disciplinary. Edwards v. State, 461
So.2d 39 (Ala. App. 1984).
Correctional
officer liable for racial cell assignments. Belvins v. Brew, 593 F.Supp.
245 (W.D. Wis. 1984).
Officials can
change custody classifications without due process protections. In Re Dowell,
674 P.2d 666 (Wash. 1984).
Information
not leading to conviction can be kept in inmate's personnel file. Martin
v. Duckworth, 581 F.Supp. 1282 (N.D. Ind. 1984).
Inmate in maximum
security not entitled to transfer, job or group religious services; possible
violation for confiscation of inmate's property. Jackson v. Hogan, 446
N.E.2d 692 (Mass. 1983).
Inmate's past
prison conduct justified decision of reclassification board to keep him
in maximum security. Wilkerson v. Maggio, 703 F.2d 909 (5th Cir. 1983).
Appeals court
rules that State of Florida must explain why inmate should not be released
from disciplinary confinement; vacates denial of habeas corpus petition.
Costello v. Strickland, 418 So.2d 443 (Fla. App. 1982).
Dismissal of
disciplinary proceedings against inmate on a technicality held no bar to
consideration of same facts by classification committee; limited due process
protections suffice. Layton v. Wolff, 516 F.Supp. 629 (D. Nev. 1981).
Injunction ordering
transfer of medium-security prison to medium-security prison vaacated by
Fourth Circuit Court of Appeals. Wetzel v. Edwards, 635 F.2d 283 (4th Cir
1980).
Prison officials
ordered to review case of inmate who has been in segregated confinement
for six and one half years. Morris v. Travisono, 499 F.Supp. 140 (D.R.I.
1980).
Eighth Circuit
rules that inmate was properly classified as a maximum security detainee.
Villanueva v. George, 632 F.2d 707 (8th Cir. 1980).
Correctional
officials who believed inmate was a security risk kept her in restrictive
custody for a prolonged period of time; Virginia District Court rules that
inmate's rights had not been violated. Bukhari v. Hutto, 487 F.Supp. 1162
(4th Cir. 1980).
California Court
rules that reclassification of inmate from medium to close custody without
a hearing was a denial of due process of law. In re Westfall, 162 Cal.Rptr.
462 (App. 1980).
Court of Appeals
rules that procedural due process standards do not apply to central monitoring
case classification. Makriss v. U.S. Bureau of Prisons, 606 F.2d 575 (5th
Cir. 1979).
Federal judge
orders Maryland prison officials to revamp classification procedures to
prevent sexual assaults. Doe v. Lally, 467 F.Supp. 1339 (D. Md. 1979).
Ninth Circuit
rules that failure of county sheriff to appoint classification committee
relative to prisoner's transfer from honor camp to county jail might subject
sheriff to liability under civil rights act. Johnson v. Duffy, 588 F.2d
740 (9th Cir. 1978).