Legal Opinion

Johnson, Shawn v. Finnan, Alan

Court of Appeals for the Seventh Circuit

Decided November 2, 2006No. 06-1509PublishedCited by 41 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Disciplinary panels in state prisons are not courts. White v. Indiana Parole Board, 266 F.3d 759, 765-66 (7th Cir.2001). From this it follows that facts found (or assumed) by a prison disciplinary board are not entitled to the presumption of correctness that 28 U.S.C. § 2254(e) affords to judicial findings. Piggie v. McBride, 277 F.3d 922, 925 (7th Cir.2002). This means, in turn, that when a prisoner who seeks a writ of habeas corpus provides competent evidence (such as an affidavit by someone with personal knowledge of the events) contradicting an assertion by the…

2Cases cited5 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
  3. Phil White v. Indiana Parole BoardCourt of Appeals for the Seventh Circuit · 2001
  4. David Pannell v. Daniel R. McBride SuperintendentCourt of Appeals for the Seventh Circuit · 2002
  5. Clyde Piggie v. Daniel McBride SuperintendentCourt of Appeals for the Seventh Circuit · 2002

3Cited by41 opinions

  1. Jones v. CrossCourt of Appeals for the Seventh Circuit · 2011
  2. Nicholas Lennear v. Eric WilsonCourt of Appeals for the Fourth Circuit · 2019
  3. Perotti v. MarberryCourt of Appeals for the Seventh Circuit · 2009
  4. Ramirez v. NietzelKentucky Supreme Court · 2014
  5. Wilson-El v. FinnanCourt of Appeals for the Seventh Circuit · 2008

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