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Prisoner Allowed to Amend Retaliation, Legal Mail Complaint
Loaded on July 15, 2004
published in Prison Legal News
July, 2004, page 37
The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances.
Filed under:
Retaliation,
Retaliation for Filing Grievances,
Cell Searches,
Food,
Appointment of Counsel,
Complaints,
Legal Mail.
Location:
New York.
While Robert Davis was a prisoner at New York's Woodbourne Correctional Facility, prison ...
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More from this issue:
- Abu Ghraib, USA, by Anne-Marie Cusac
- From the Editor, by Paul Wright
- Washington DOC Fined $60,000 for Bogus Water Pollution Reports
- Thirty Three Years after Attica: Many more Blacks in prison, but not as guards, by Peter Wagner
- Is It Criminal to Be a Muslim Civilian or Military Prison Chaplain?
- Supreme Court Holds Guantanamo Detainees Can Challenge Detention
- Virginia Prison Drives Women to Depression and Suicide, by Gary Hunter
- California Agrees to Provide Kosher Prison Diet Program, by John E Dannenberg
- Tennessee Prison Audit Blasts DOC, CCA and CMS, by Michael Rigby
- Oklahoma Man Misidentified as Pedophile Awarded $3.7 Million, by Michael Rigby
- Overcrowding Forces Alabama Prisoners Into Private Prison Web, by Gary Hunter
- Arizona Prisoners Seize Tower; State Officials Point Fingers, by Michael Rigby
- BJS Looks at Probation, Parole in 2002
- Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard, by Alex Coolman
- $3 Million in Settlements for Wrongful Illinois Convictions
- Record Number of "Lifers" Now in U.S. Prisons
- Florida Jail Pays Prisoner's Family $2.5 Million in Methadone Withdrawal Death
- BJS Finds Low Recidivism among Released Sex Offenders
- New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer
- $1.5 Million Verdict in NYC Jail Medical Malpractice Death
- Arizona Prison Director Has Poor Track Record, by Michael Rigby
- Private Probation Companies Prove Corrupt in Tennessee, by Gary Hunter
- Controversy and Lawsuits Surround South Texas Private Prison Deals
- Warden Sentenced for Stealing Dali Painting From Rikers Island Jail
- California Class Action Lawsuit Targets Unauthorized Prison Phone Charges
- Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies, by David Reutter
- Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment, by Bob Williams
- Washington State Prison Continues To Pollute Local Environment Despite Repeated Citations, by John E Dannenberg
- Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA
- Failure to Treat Transsexual for Self-Mutilation States Claim
- Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed
- Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions
- Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality
- No PLRA Fee Cap When Injunctive Relief Obtained, by John E Dannenberg
- Sanctions Against Ohio Paralegal Firm Upheld
- Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served
- Oregon Trial in Prison Did Not Violate Constitution
- Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy
- California Sex Offender Prison Classification Label Approved for Dismissed Charge, by John E Dannenberg
- No Qualified Immunity in Civil Commitment Phone Monitoring
- Prisoner Allowed to Amend Retaliation, Legal Mail Complaint
- Challenge to State Parole Revocations Must Be Brought Under § 2254
- District of Columbia May Be Liable for Prisoner's Inadequate Medical Care
- Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit, by John E Dannenberg
- Florida Prisoner Awarded Costs in Successful Records Request Litigation, by David Reutter
- Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials, by Michael Rigby
- No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial
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- Arkansas DOC Settles Retaliation Claim by Prisoner Who Also Won Back Confiscated COVID-19 Stimulus, June 1, 2025. Retaliation for Organizing, Legal Materials, Legal Mail.
- $50,000 for Excessive Force Claim by Maryland Prisoner Who Used to Be a Guard, June 1, 2025. Classification, Guard Brutality/Beatings, Legal Mail.
- $18,000 for New York Prisoner Who Alleged Guards Planted Shank in Cell, May 1, 2025. Guard Misconduct, Cell Searches, Settlements.
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- New Jersey DOC Sued Twice for Turning “Blind Eye” to “Pervasive” Drug-Smuggling Blamed for Prisoner Deaths, May 1, 2025. Guard Misconduct, Drug Overdose, Cell Searches, Failure to Protect (Wrongful Death), Drug Courier or "Mule" status.
- The FBI’s Encrypted Phone Sting, April 15, 2025. Cell Searches, FBI, Police State-Surveillance, Electronic Surveillance.
- $2.5 Million Settlement After South Carolina Jail Detainee Lost 2 Lbs.Per Day and Died, April 1, 2025. Food, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.