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Jailhouse Lawyering Protected; Frivolous Claims Are Not
Loaded on Nov. 15, 2001
by John E Dannenberg
published in Prison Legal News
November, 2001, page 23
by John E. Dannenberg
Filed under:
Transfers,
Retaliation for Filing Grievances,
Retaliatory Transfers,
Disciplinary Hearings,
Retaliatory Discipline,
Prisoner Legal Assistance,
Res Judicata.
Location:
Tennessee.
The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can proceed on a legal assistance retaliation claim. In doing so, the …
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More from this issue:
- Washington's Island of Deviant Doctors, by Roger Smith
- Washington DOC Pays $24,697 in PLN Records Suit
- Ex-Prisoner Awarded $2.7 Million on Remand in Medical Neglect Suit
- Leg Amputation Caused by Improper Treatment Defeats Summary Judgment
- From the Editor, by Paul Wright
- Virginia Settles Juvenile Death Suit for $1.2 Million
- Children Strip-Searched While Touring DC Jail
- DC Prison Guards Smuggled Cash, Pagers
- Hawaii Prison Doctors Denied Qualified Immunity
- South Dakota Prison Conditions Class Action Settled
- Blind Ohio Prisoner Spends Months in Strip Cell, by Ronald Young
- Environmental Challenge Bars Construction of California Prison, by Rose Braz
- Mississippi Taxpayers Fund Welfare Payments to Private Prisons, by Ronald Young
- Prisoners Riot in Dartmouth Jail, by Gary Hunter
- Summary Judgment Denied in Oklahoma Jail Beating
- $522,458 Rebate Ordered in California Prisoner Phone Overcharges, by John E Dannenberg
- Notes from the Unrepenitentiary: A Matter of the Past, by Marilyn Buck
- Colombian Rebels Attack Prisons, 140 Prisoners Flee
- California Racial Segregation Case Reversed; Phone Claim Dismissed
- Summary Judgment Granted for Forced Religious Substance Abuse Program
- Cell Search, Property Seizure Suit Set for Trial
- Jailhouse Lawyering Protected; Frivolous Claims Are Not, by John E Dannenberg
- New Trial Ordered in Excessive Use of Force Suit
- California Dials Wrong Number, by Willie Wisely
- Sandin Retroactive, But Not for Qualified Immunity; BOP Ad Seg Rule Creates Liberty Interest
- Plug Pulled in California Prison, by Willie Wisely
- Book Review: Power, Politics, & Crime, by Rick Card
- Junking the Jurors, by Mumia Abu-Jamal
- Alaska Supreme Court Reverses Former Prisoner's $2.4 Million Jury Award
- News in Brief
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
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.
- North Carolina Prison Closing Due to Short Staffing, June 1, 2026. Transfers, Staffing, Guards/Staff.
- 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.
- Number of Prisoners Awaiting Transfer from Jail Surging in Indiana, June 1, 2026. Transfers, Statistics/Trends, Cost of Prison Systems, Overcrowding, Jail Specific.
- Ghislaine Maxwell Reportedly Receiving Preferential Treatment at Texas Prison Camp, June 1, 2026. Transfers, DOC/BOP misconduct, Whistleblowing, Protected Speech, Prison Classification.
- Connecticut Correction Ombuds Finds DOC in “Sustained Institutional Failure”, May 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Totality of Conditions, Lockdowns, Prisoner Legal Assistance.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- 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.
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026. Transfers, Control Units/SHU/Solitary Confinement, Fifth Amendment, Bureau of Prisons (BOP), Prison Classification.
- 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.

