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Punitive Transfer After Winning Administrative Appeal Is Actionable

Loaded on Dec. 15, 2004 by John E Dannenberg published in Prison Legal News December, 2004, page 38
Filed under: Transfers, Retaliation for Filing Grievances, Liberty Interests, Sanctions (Disciplinary Hearings), Physical Injury Rule, Civil Procedure, Complaints, Parties, Qualified Immunity. Location: California.
by John E. Dannenberg

The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed by the granting of an administrative appeal, was a sufficient factual predicate …

 

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More from this issue:

  1. Business as Usual, by Todd Matthews
  2. Death Exposes Inadequate Mental Health Care in Oregon Prisons, by Mark Wilson
  3. PAMII Requires Records Release in Connecticut Prisoners' Deaths
  4. CMS Must Pay $1.75 Million in Illinois Jail Suicide, by John E Dannenberg
  5. Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing, by David Reutter
  6. From the Editor, by Paul Wright
  7. Wisconsin County Settles Negligent Death Claim for $1.2 Million
  8. Pro Se Tips and Tactics: The Pro Se Complaint, by Daniel E. Manville
  9. California Prisons' Joint-Venture Program Under Statewide Court Injunction, by John E Dannenberg
  10. New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit, by Michael Rigby
  11. California Parole Board Must Vacate Parole Denial And Give Lifer New Hearing, by John E Dannenberg
  12. Private Capitol Punishment: The Florida Model, by David Reutter
  13. New York City: Thousands Unnecessarily Imprisoned at Enormous cost
  14. Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes
  15. Washington Supreme Court Rejects Federal Mail-Box Rule
  16. Washington Prison Labor Program Struck Down, by Paul Wright
  17. Guards Fornicate, Sell Drugs in Pennsylvania Jails
  18. Vermont Auditor's Report Blasts CCA and CMS, by David Reutter
  19. Abuse, Torture and Rape Reported at Unlisted U.S.-Run Prisons in Iraq, by Lisa Ashkenaz Croke
  20. Iowa Sex Offender Residence Restrictions Unconstitutional
  21. Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld
  22. California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot, by John E Dannenberg
  23. Illinois Appeals Court Reinstates Prisoner's Telephone Disconnect Suit
  24. Nevada Prisoner Killed in Rec Yard Riot
  25. Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit
  26. "Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment, by David Reutter
  27. New Jersey Vegetarian Meals Satisfy Halal Dietary Obligations, by John E Dannenberg
  28. BOP Fires Prison Guard Accused of Rape, Attempted Murder
  29. Qualified Immunity Granted for Warrantless Parole Search
  30. Hermaphroditic Wyoming Prisoner Awarded $1,000 for 14 Months in Solitary
  31. New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release
  32. Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged, by David Reutter
  33. Punitive Transfer After Winning Administrative Appeal Is Actionable, by John E Dannenberg
  34. International Red Cross Suspects U.S. Hiding Foreign Detainees
  35. Arrestee Cannot Be Charged With Bringing Drugs Into Jail
  36. News in Brief
  37. Seventh Circuit Invalidates Wisconsin News Clippings Ban
  38. Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit
  39. Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated
  40. Oklahoma Family Buries Wrong Man

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