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Retaliatory Acts Need Not "Shock the Conscience" to be Actionable

Loaded on Nov. 15, 1999 published in Prison Legal News November, 1999, page 18
Filed under: Retaliation for Litigating, Food, Eighth Amendment, Sanitation, Prisoner Legal Assistance, Legal Materials, Supervisory Liability, Mental Health. Location: Michigan.
by Matthew T. Clarke

The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must prove that the retaliatory act would be sufficient to deter a …

 

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  2. New Jersey Guard Wins $3.75 Million Harassment Suit
  3. From the Editor, by Dan Pens
  4. New York City Arrestee Awarded $5.02 Million in Strip Search
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  7. $7,000 Award to Prisoner Shoved by Guard while Praying
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  9. CCPOA Pimping in the California State Assembly, by Dan Pens
  10. Probable Cause Hearing Delay Actionable, by Ronald Young
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  13. Nevada Guards Party with Inmate Welfare Fund
  14. Prison Realty Stock Plummets; Shareholders File Suit
  15. Corcoran Bad Apple Rehired, by Willie Wisely
  16. New York Retaliation Suit Nets $100,000 in Damages
  17. California Governor Vetoes Parole Reform Bill
  18. California Illegally Dumps Parole Records, by Willie Wisely
  19. Suicides at Connecticut Prison Raise Concerns about Mental Health Care
  20. Prisoner Strip Search Warrants Fourth Amendment Analysis, by Ronald Young
  21. Amended Complaint Filed Outside Limitations Period Relates Back
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  23. California Visits Reinstated after Food Boycott (Letter), by D.R.
  24. $100,000 Settlement in South Carolina Jail Death
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  27. Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner
  28. Second Circuit Discusses Heck and Edwards
  29. Evidentiary Hearing Allowed in PLRA Consent Decree Terminations
  30. West Virginia Supreme Court Upholds Computer Ban
  31. Washington Felony Infraction Law Struck Down
  32. Request for Telephonic Appearance Must Be Considered
  33. BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit
  34. Trial Required in Jail Attack
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  36. News in Brief
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