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Retaliatory Infraction Creates Heck Exception
Loaded on July 15, 2001
published in Prison Legal News
July, 2001, page 24
The Court of Appeals for the Seventh Circuit held a prisoner may bring a 42 U.S.C. §1983 action upon a claim of retaliatory disciplinary action even when the underlying disciplinary action has not been overturned. Illinois prisoner Anthony Dewalt sued various officials at Dixon Correctional Center alleging constitutional violations.
Filed under:
Retaliation for Filing Grievances,
Disciplinary Hearings,
Disciplinary Litigation,
Retaliatory Discipline.
Location:
Illinois.
Dewalt's ...
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More from this issue:
- The Strangest of Bedfellows, by Noel Brinkerhoff
- From the Editor, by Paul Wright
- Class Action Medical Neglect Suit Filed Against CDC
- Wyoming Prison Officials Settle Poisoning and Medical Suits for over $200,000
- Pelican Bay Guard's Conviction Upheld, by Willie Wisely
- Virginia DOC Cuts Ties with CMS, by Robert Durkee
- Nineteen Killed in Brazilian Prison Rebellion
- PLRA's Attorney Fee Cap Held Unconstitutional, by John E Dannenberg
- New Jersey Prisoners' Disciplinary Convictions Reversed on Due Process Violations
- CCA Medical Cost-Saving Contract Unconstitutional
- Kentucky Judge Orders Hepatitis C Treatment
- $235,000 Awarded to CCA Prisoner in Medical Suit
- PLRA Limits Guard's Liability for Prisoner's Attorney Fees, by John E Dannenberg
- BOP Imposter Scheme Discovered
- Book Review: Capital Crimes, by Allen N Huxley
- Washington Prisoners' Out-of-State Transfer Upheld
- Defendants' Attorney Fee Award Must Be Supported by Record
- PLRA Physical Injury Rule Applies to ADA Claims
- Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review
- Massachusetts Disenfranchises its Prisoners
- New Jersey Detainees Entitled to Medical Care
- Arkansas Guards Indicted for Shocking Prisoners
- Texas Prisoner Takes Hostages
- Court to Determine if Louisiana Must Treat Male and Female Prisoners Equally
- Detainee Entitled to Dental Care
- New York Prisoner Wins $7,200 in Negligence Suit
- $9.5 Million Awarded in Prisoner Van Fire Death
- New York City Settles Black Panther Frame Up Suit for $890,000, by Roger Smith
- Trial Required in Arizona Uprising Suit
- $1.4 Million Awarded to Raped Alaska Women Prisoners
- Kansas Conditional Release Is Mandatory
- Florida Religious Name Change Upheld
- Non-Physical Damage Claims Barred Until Released
- Retaliatory Infraction Creates Heck Exception
- New York AG Turns on Client
- Retaliation Claim Merits Factual Resolution
- Private Jail Settlement Not a Consent Decree under PLRA, by John E Dannenberg
- Constant Illumination States Eighth Amendment Claim
- Georgia Parole Law May Violate Ex Post Facto
- Oklahoma Good Time Rule Violates Ex Post Facto
- BOP Medical Personnel Absolutely Immune from Suit
- Book Review: The Perpetual Prisoner Machine: How America Profits From Crime, by Rick Card
- Trial Required in Oregon Law Clerk Retaliation Suit
- Preliminary Injunction Granted in TB Hold Case
- $250,000 Award to Beaten Texas Prisoner Upheld
- Summary Judgment for Private Physician Reversed
- News in Brief
More from these topics:
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- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Civil Rights Actions or Offenses/Bivens Actions.
- Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes, June 1, 2024. Retaliation for Litigating, Retaliation for Filing Grievances, Photos, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail.
- $500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days, May 1, 2024. Retaliation for Filing Grievances, Exposure to Cold, Toilets, Water, Sanitation, Strip Cells, Hygiene Supplies, Restraints.
- Dismissal Affirmed of Florida Prisoner’s Claim for Exposure to Human Waste, May 1, 2024. Retaliation for Filing Grievances, Hearing Officers, Showers, Sewage, Sanitation.
- $7,500 Settlement Reached After Georgia Prisoner’s Retaliation Claim Survives Summary Judgment, May 1, 2024. Retaliation for Filing Grievances, Retaliation for Organizing.