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Retaliatory Infraction Creates Heck Exception

Loaded on July 15, 2001 published in Prison Legal News July, 2001, page 24
Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Disciplinary Litigation, Retaliatory Discipline. Location: Illinois.
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.

Dewalt's …

 

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  1. The Strangest of Bedfellows, by Noel Brinkerhoff
  2. From the Editor, by Paul Wright
  3. Class Action Medical Neglect Suit Filed Against CDC
  4. Wyoming Prison Officials Settle Poisoning and Medical Suits for over $200,000
  5. Pelican Bay Guard's Conviction Upheld, by Willie Wisely
  6. Virginia DOC Cuts Ties with CMS, by Robert Durkee
  7. Nineteen Killed in Brazilian Prison Rebellion
  8. PLRA's Attorney Fee Cap Held Unconstitutional, by John E Dannenberg
  9. New Jersey Prisoners' Disciplinary Convictions Reversed on Due Process Violations
  10. CCA Medical Cost-Saving Contract Unconstitutional
  11. Kentucky Judge Orders Hepatitis C Treatment
  12. $235,000 Awarded to CCA Prisoner in Medical Suit
  13. PLRA Limits Guard's Liability for Prisoner's Attorney Fees, by John E Dannenberg
  14. BOP Imposter Scheme Discovered
  15. Book Review: Capital Crimes, by Allen N Huxley
  16. Washington Prisoners' Out-of-State Transfer Upheld
  17. Defendants' Attorney Fee Award Must Be Supported by Record
  18. PLRA Physical Injury Rule Applies to ADA Claims
  19. Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review
  20. Massachusetts Disenfranchises its Prisoners
  21. New Jersey Detainees Entitled to Medical Care
  22. Arkansas Guards Indicted for Shocking Prisoners
  23. Texas Prisoner Takes Hostages
  24. Court to Determine if Louisiana Must Treat Male and Female Prisoners Equally
  25. Detainee Entitled to Dental Care
  26. New York Prisoner Wins $7,200 in Negligence Suit
  27. $9.5 Million Awarded in Prisoner Van Fire Death
  28. New York City Settles Black Panther Frame Up Suit for $890,000, by Roger Smith
  29. Trial Required in Arizona Uprising Suit
  30. $1.4 Million Awarded to Raped Alaska Women Prisoners
  31. Kansas Conditional Release Is Mandatory
  32. Florida Religious Name Change Upheld
  33. Non-Physical Damage Claims Barred Until Released
  34. Retaliatory Infraction Creates Heck Exception
  35. New York AG Turns on Client
  36. Retaliation Claim Merits Factual Resolution
  37. Private Jail Settlement Not a Consent Decree under PLRA, by John E Dannenberg
  38. Constant Illumination States Eighth Amendment Claim
  39. Georgia Parole Law May Violate Ex Post Facto
  40. Oklahoma Good Time Rule Violates Ex Post Facto
  41. BOP Medical Personnel Absolutely Immune from Suit
  42. Book Review: The Perpetual Prisoner Machine: How America Profits From Crime, by Rick Card
  43. Trial Required in Oregon Law Clerk Retaliation Suit
  44. Preliminary Injunction Granted in TB Hold Case
  45. $250,000 Award to Beaten Texas Prisoner Upheld
  46. Summary Judgment for Private Physician Reversed
  47. News in Brief

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