AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Good Time
Under Mississippi
law, a claim challenging the forfeiture of earned good time credit accrued
after the prisoner was notified of the forfeiture for an alleged violation
of prison rules. The prisoner's failure to make any attempt within a statutory
thirty-day time limit to challenge the forfeiture made his claim time-barred.
Boler v. Bailey, No. 2002-CP-00838-COA, 840 So. 2d 734 (Miss. App. 2003).
[N/R]
247:99 Retroactive revocation of early
release credits, granted to Florida prisoner because of prison overcrowding,
violated "ex post- facto" prohibition of U.S. Constitution. Lynce
v. Mathis, 117 S.Ct. 891 (1997).
[N/R] Loss of good time credits following
disciplinary proceeding was sufficient to claim federally protected liberty
interest, but state law postdeprivation remedies available were adequate
in this case. Hamlin v./ Vaudenberg, 95 F.3d 580 (7th Cir. 1996).
Prisoner's lawsuit seeking restoration of
good time credits and parole eligibility was habeas corpus action and exhaustion
of administrative remedies was required. Greene v. Meese, 875 F.2d 639
(7th cir. 1989).
State statute changing goodtime credits can
not be applied to inmate whose crime was committed prior to effective date
of statute. Weaver v. Graham, 450 U.S. 24, 101 S.Ct. 960 (1981).
Change in "goodtime" law was only
to be applied after effective date of statute. Mitchell v. Rayl, 665 P.2d
117 (Kan. App. 1983).
Inmate's goodtime credits restored on the
basis that he was denied due process at a disciplinary hearing. Wilson
v. Smith, 459 N.Y.S.2d 517 (App. 1983).
Use of summary disciplinary procedures improperly
deprived inmates of goodtime credits. Alexander v. Ware, 714 F.2d 416 (5th
Cir. 1983).
Federal court finds that Louisiana inmates
have no procedural due process rights prior to the revocation of goodtime
credits. McGhee v. Belisle, 501 F.Supp. 189 (E.D. La. 1980).
Illinois court finds removal of 12 months
of goodtime credit for possession of 3.1 grams of marijuana to be unconstitutional.
South v. Franzen, 413 N.E.2d 523 (Ill. App. 1980).
Prisoner's civil rights actions regarding
goodtime statute against Oklahoma Attorney General dismissed for failure
to state a cause of action. Lee v. Derryberry, 466 F.Supp. 30 (D. Okla.
1978).
For earlier case discussions see: Woodring
v. Whyte, 242 S.E.2d 238 (W. Va. 1978); Hicks v. Lefevre, 399 N.Y.S.2d
928 (App. 1977); Dixon v. Henderson, 493 F.2d 467 (5th Cir. 1974); Taylor
v. Schmidt, 380 F.Supp. 1222 (W.D. Wis. 1974); Downes v. Norton, 360 F.Supp.
1151 (D. Conn. 1973).