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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:
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
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- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- 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.