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Criminal Law

: Tenth Circuit Blog

Unpublished Decisions

By Shari Allison

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Thomas v. Parker, 2009 WL 4042667 (11/23/09) (unpub'd) - The 10th affirms granting of habeas challenging the revocation of 30 days of good time credits for possession of contraband, i.e., a prayer cap. The prisoner alleged that the warden asked him to withdraw a grievance against a mail room clerk. When the prisoner refused, the warden pointed to the prisoner's prayer cap, which the prisoner had been wearing for a year, and declared it contraband. The warden never denied the allegations but instead just said the standard practice is that the warden would not see the grievance. That did not refute the prisoner's allegations, which established that the discipline was imposed in retaliation for the prisoner's exercise of his grievance rights...continue to full post

Full post as published by Tenth Circuit Blog on December 01, 2009 (boomark / email).

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