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Grievance Retaliation Unconstitutional
Loaded on June 15, 1997
published in Prison Legal News
June, 1997, page 7
The court of appeals for the second circuit reaffirmed that prison officials violate the constitution when they retaliate against prisoners who file administrative grievances. The court discussed the standard of review in prison retaliation cases.Patrick Graham is a New York state prisoner. After prison grievance representatives contacted Graham about …
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More from this issue:
- America's Private Gulag, by Ken Silverstein
- Speedy Death Penalty Provisions Enjoined in California
- Strange Bedfellows; CCA's Political Connections, by Alex Friedmann
- Texas Sheriff Exploits Prisoner Labor
- From the Editor, by Paul Wright
- Grievance Retaliation Unconstitutional
- Qualified Immunity for Strip Search
- PLRA Not Enough for Fourth Circuit
- Sixth Circuit Issues PLRA IFP Order
- Fifth Circuit Holds that PLRA Requires Fees in All Pending Cases
- Ninth Circuit: PLRA Doesn't Apply to Habeas
- Massachusetts Court Avoids Ruling on Consent Decree Termination
- Pro Se Tips and Tactics (Declaratory Relief), by John Midgley
- Federal Parolees Kicked off Internet
- Texas Prison Building Corruption, Problems and Dangers
- A Matter of Fact
- Jury Verdict in Prisoner Attack Affirmed
- On the Edge of Midnight, by Mr Wolf
- CDC Consent Decree Contempt Vacated
- California Prisoner Wins Judgment Against Guard in Shooting
- PLN Readers Dissatisfied with Freedom Press
- California Slave Labor Loses Money
- Denial of Eyeglasses Violates Eighth Amendment
- Swastika Carved on CDC Prison Guard Rifle
- Illinois Jail Conditions Suit States Claim
- FTCA Suit Not Barred by Prior Bivens Claim
- Trial Required on ADA EFV Claim
- California Prisoners Entitled to Contact Attorney Visits
- No Frivolousness Review Allowed When Filing Fee Paid
- Book Review - Privatization and the Provision of Correctional Services: Context and Consequences
- Iowa Retaliation Verdict Affirmed
- Pro Se Litigant Entitled to Defendant's Identity
- Relation Back Period Suspended during IFP Application
- 'Scared Straight' Youths Molested in Texas Prison
- Prison NA Meetings Violate Establishment Clause
- BOP Owes Duty of Care to Prisoners
- TB Isolation May Violate RFRA
- News in Brief
- Habeas Petition Not Mooted by Segregation Release
- BOP Can't Set Restitution
- Wisconsin RFRA Jewelry Ruling Affirmed
- Mississippi Detainees Awarded Damages in Disciplinary Suit
- Prisoners' Spouses Challenge Washington 35% Law
- Massachusetts Prisoners Awarded Back Pay
- $7,500 Awarded in Guard Beating
More from these topics:
- 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.
- Ombuds Report Doesn’t Rule Out Racism or Retaliation at Red Onion State Prison, June 1, 2026. Guard Misconduct, Racial Discrimination, Retaliation for Filing Grievances, Failure to Treat, Control Units/SHU/Solitary Confinement.
- 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.
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- Leaked Video Footage Shows California Prison Guards Engaged in Retaliatory Assault, March 1, 2026. Guard Misconduct, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Prison Rape Elimination Act.
- 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.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026. Retaliation for Filing Grievances, Snitch Jacketing, Liberty Interests, Evidence, Wrongful Use of Force.