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California Guard's Obscene Behavior Towards Prisoner Is Actionable

Loaded on Aug. 15, 2004 by Marvin Mentor published in Prison Legal News August, 2004, page 28
Filed under: Sexual Harassment, Staff-Prisoner Harassment, Guard Misconduct, Retaliation for Filing Grievances, State Law Claims. Location: California.
The Ninth Circuit U.S. Court of Ap-peals permitted a prisoner's damage suit for retaliation by guards whom he had grieved to proceed based on First Amendment grounds.


Samuel Austin, incarcerated at California State Prison, Solano, was in the psychiatric housing unit when guard James Williams allegedly psychologically assaulted him. When …

 

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More from this issue:

  1. The Complicity of Judges in Wrongful Convictions, by Hans Sherrer
  2. Washington Persistent Prison Misbehavior Statute Upheld
  3. Exporting the American Way of Crime
  4. Federal DNA Statute Not Challengeable in Criminal Appeal
  5. From the Editor, by Paul Wright
  6. Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs
  7. Habeas Hints, by Kent A. Russell
  8. Montana BMPs Are Cruel and Unusual Punishment, by Mark Wilson
  9. Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit
  10. Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions
  11. Local Officials Tell Prisoners: "You don't live here", by Peter Wagner
  12. CCA Medical Contract Doesn't Violate 8th Amendment
  13. No Qualified Immunity for Florida Jail Guards in Prisoner Murder
  14. New Jersey Civil Commitment Hearings Secret, Biased, by Michael Rigby
  15. Rape of Women Prisoners Rampant in Ohio, by Michael Rigby
  16. Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints
  17. Executions Rose in 2002; Texas Led in Number of Deaths
  18. California Prison Guards Organize to Sue Assaultive Prisoners
  19. No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints
  20. Florida's Felon Disenfranchisement Law Under Spotlight, by David Reutter
  21. California Guard's Obscene Behavior Towards Prisoner Is Actionable, by Marvin Mentor
  22. California No-Parole-Policy Suits For Damages And Injunctive Relief Fail, by John E Dannenberg
  23. Denial of Dentures States Eighth Amendment Claim
  24. Ohio Supreme Court Holds Some Sex Predators Not Required to Register
  25. Permanent Injunction Against California Book Ordering Restrictions Affirmed, by John E Dannenberg
  26. Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity, by Bob Williams
  27. Washington Court Establishes Procedures for Community Placement Violation Hearings
  28. Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion, by John E Dannenberg
  29. Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation
  30. Mailbox Rule Applied To Administrative Forfeiture Proceeding, by Bob Williams
  31. California Credit Restoration Denial Ruled Ex Post Facto, by John E Dannenberg
  32. Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment
  33. Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems, by Michael Rigby
  34. Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely
  35. 2004 Supplement to the California State Prisoners Handbook, by John E Dannenberg
  36. PLRA Indigency Provision Inapplicable When Filing Fee Paid
  37. No Qualified Immunity in Jail Suicide Attempt
  38. Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests
  39. Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity
  40. News in Brief
  41. Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge

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