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Gang Validation in Retaliation for Filing Grievances Is Actionable
Loaded on Jan. 15, 2005
by Marvin Mentor
published in Prison Legal News
January, 2005, page 36
The Ninth Circuit U.S. Court of Appeals held that a state prisoner stated a valid claim under the First Amendment when he claimed that in retaliation for his having filed several grievances, prison officials revisited previously rejected gang affiliation insinuations and now branded him a gang member.
Filed under:
Gang Policies,
Retaliation for Filing Grievances,
Qualified Immunity,
Control Units/SHU/Solitary Confinement,
Ad-Seg Hearings.
Location:
California.
California prisoner Vincent ...
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More from this issue:
- Florida's Private Prison Industry Corporation Under Siege, by David Reutter
- Is There A Winning Argument Against Excessive Rates For Collect Calls From Prisoners?, by John E Dannenberg
- Prison Needle Exchanges Around the World, by Julie Falk
- Latest Honduran Prison Massacre: "Homies Were Burning Alive", by Tom Hayden
- Texas "Gang Expert" Indicted for Sex Assaults
- Ex-Rikers Island Chief Indicted
- From the Editor, by Paul Wright
- Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees, by Michael Rigby
- Don't Build It Here - The Hype Versus the Reality of Prisons and Local Employment, by Clayton Mosher
- Washington Jail Settles Wrongful Death Suit For $1.6 Million, by Michael Rigby
- California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved
- Washington Prison's Water System and Meat Contaminated With Feces, by Roger Smith
- Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape, by David Reutter
- New York Prisoner's Retaliation Suit Remanded for Trial
- HIV Is Occupational Disease for Connecticut Prison Guards
- DNA Profiling of Conditionally Released Federal Offenders Upheld, by John E Dannenberg
- Los Angeles Voters Reject 5,000 More Cops; Invest In Clear Ocean Instead, by John E Dannenberg
- Washington ISRB Departure From Standard Sentencing Range Upheld
- Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity
- Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances
- Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies
- Colorado DOC Report: CCA At Fault for Crowley Uprising
- City Settles In Death of Prisoner at CCA-Operated Tulsa Jail
- Kansas Supreme Court Upholds Gift Subscription Ban
- Non-Contact Visits for Pennsylvania Sex Offenders Upheld
- Total Confinement: Madness and Reason in the Maximum Security Prison, by David C Fathi
- Gang Validation in Retaliation for Filing Grievances Is Actionable, by Marvin Mentor
- Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault, by John E Dannenberg
- Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided, by John E Dannenberg
- Public and Press Have First Amendment Right to Access Court Docket Sheets, by David Reutter
- Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed
- Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault
- News in Brief
- Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits
More from Marvin Mentor:
- California: Multi-Year Lifer Parole Denial Is Permissible Following One-Year Denial, Even In Absence of Significant Changes, July 15, 2011
- Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole, May 15, 2011
- California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790, Jan. 15, 2010
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, Sept. 15, 2009
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, Sept. 15, 2009
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, Sept. 15, 2009
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, July 15, 2009
- California County’s 2005 Purchase of Private Prison Still Clouded in Conflict of Interest Questions, May 15, 2009
- California Appellate Court Grants Writ, Reverses Governor, Reinstates PLN Writer’s Grant of Parole, March 15, 2009
- Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges, Feb. 15, 2009
More from these topics:
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024. Control Units/SHU/Solitary Confinement, Detention - Generally, Immigration Detention.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024. Private Contractors, Food, Water, Jail Specific, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Bail/Pretrial Release.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- Massachusetts Prisoners Again Stage Hunger Strike Against Solitary Confinement, April 1, 2024. Hunger Strikes, Control Units/SHU/Solitary Confinement.
- At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed, April 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, Retaliation for Litigating, Retaliation for Filing Grievances, Whistleblowing, Retaliatory Searches, Retaliatory Segregation, Systemic Medical Neglect, Failure to Treat, Staffing, Preliminary Injunctions/TRO's, Special Masters, Failure to Treat (Mental Illness), Special Master.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.
- Fifth Circuit Finds Louisiana Prisoner’s Solitary Confinement Not Sufficiently “Atypical” to Violate the Constitution, April 1, 2024. Control Units/SHU/Solitary Confinement.
- Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit, March 1, 2024. Gang Policies, Prison Gangs, Informants (Disciplinary Hearings), Informants, Consent Decrees, Control Units/SHU/Solitary Confinement, Consent Decrees - Termination of.