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No Immunity for Retaliatory Discipline
Loaded on Feb. 15, 1996
published in Prison Legal News
February, 1996, page 15
The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are not cognizable on interlocutory appeals. Claude …
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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:
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- 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.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- D.C. Federal Court Holds Blocking Prison Reform Advocate’s Access to Federal Prisoners May Violate First Amendment and Due Process, Feb. 1, 2026. Threats by Staff, DOC/BOP misconduct, First Amendment, rights, Fifth Amendment, Access to Computers.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- $600,000 Awarded So Far in Disgraced Georgia Sheriff’s Trial for Abusing Detainee in Restraint Chair, Jan. 1, 2026. Exposure to Cold, Restraints, Qualified Immunity, Damages - Compensatory, Wrongful Use of Force.
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026. Seizure of Prisoner Funds, Trust Accounts, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.