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Fabricated Charges State Claim
Loaded on Feb. 15, 1996
published in Prison Legal News
February, 1996, page 22
The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't barred by an unsuccessful state …
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More from this issue:
- How the Florida DOC Circumvents Prisoners' Rights to Meaningful Access to the Courts, by Van Poyck, William
- Jury Awards $39,000 in Texas Scalding
- From the Editor, by Dan Pens
- RFRA Case Set for Trial
- Washington DOC Costs Policy Enjoined
- Ohio Update, by John Perotti
- Unrest in NY Prisons, by EO E
- Suspect Peppers in LA, by Clay Huff
- An Angry White Man, by C L
- U.S.P. Lewisburg Lockdown
- Washington Court Access Suit Settled, by Paul Wright
- New Jersey Takes Computers
- Jurors Challenge Tennessee Constitution
- Alaska Overcrowding Fines Increase
- Attorney Fee Award Affirmed
- ISRB Can't Change Rules to Avoid Compliance with Court Order
- Washington Prisoners Have Liberty Interest in Good Time
- No Jurisdiction for Some Appeals
- Kidnapping and Extortion, Texas Style, by Dan Pens
- Irish POWs in the US
- Peru Political Materials
- It's About Time: Americas Imprisonment Binge, by Linda Wilson
- Weight Lifting Info Available on the Internet
- No Immunity for Retaliatory Discipline
- Fifth Circuit to Require Administrative Exhaustion
- Georgia Prisoner Strangled by Guards
- Colorado Prisoners Riot in Texas Jail
- $7,639.20 Awarded in Retaliatory Transfer
- No Immunity for AIDS RA Claim
- Partial Filing Fee Allowed
- BOP Multiple Cell May Violate Constitution
- Failure to Provide Medical Treatment Unlawful
- Court Access in Massachusetts DDU Challenged
- CDC Hobby Shop Ruling Affirmed
- NC Prisoners Riot in Tennessee
- Fabricated Charges State Claim
- Ninth Circuit Rejects Disciplinary Double Jeopardy
- Sandin Applied Retroactively
More from these topics:
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.
- Indiana DOC Found in Violation of State Public Records Act for Withholding Execution Drug Cost Information, May 1, 2026. Summary Judgment, First Amendment, Public Records Act, Interlocutory Appeals, Lethal Injection Method of Execution.
- Arkansas Board of Corrections Settles Sunshine Law Charges, Caving to Governor’s Power Grab, May 1, 2026. Retaliation for Litigating, State Legislation, Public Records Act, Constitution, state, Community Confinement/Home Detention.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Arkansas “Jailhouse Attorney” Secures Return from Retaliatory Transfer Out of State, Dec. 1, 2025. Out of State Transfers, Retaliation for Litigating, Prisoner Legal Assistance, Religious Practices, Religious Land Use and Institutionalized Persons Act (RLUIPA).