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Gang Validation in Retaliation for Filing Grievances Is Actionable
Loaded on Jan. 15, 2005
by Marvin Mentor
published in Prison Legal News
January, 2005, page 36
The Ninth Circuit U.S. Court of Appeals held that a state prisoner stated a valid claim under the First Amendment when he claimed that in retaliation for his having filed several grievances, prison officials revisited previously rejected gang affiliation insinuations and now branded him a gang member.
Filed under:
Gang Policies,
Retaliation for Filing Grievances,
Qualified Immunity,
Control Units/SHU/Solitary Confinement,
Ad-Seg Hearings.
Location:
California.
California prisoner Vincent ...
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More from this issue:
- Florida's Private Prison Industry Corporation Under Siege, by David Reutter
- Is There A Winning Argument Against Excessive Rates For Collect Calls From Prisoners?, by John E Dannenberg
- Prison Needle Exchanges Around the World, by Julie Falk
- Latest Honduran Prison Massacre: "Homies Were Burning Alive", by Tom Hayden
- Texas "Gang Expert" Indicted for Sex Assaults
- Ex-Rikers Island Chief Indicted
- From the Editor, by Paul Wright
- Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees, by Michael Rigby
- Don't Build It Here - The Hype Versus the Reality of Prisons and Local Employment, by Clayton Mosher
- Washington Jail Settles Wrongful Death Suit For $1.6 Million, by Michael Rigby
- California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved
- Washington Prison's Water System and Meat Contaminated With Feces, by Roger Smith
- Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape, by David Reutter
- New York Prisoner's Retaliation Suit Remanded for Trial
- HIV Is Occupational Disease for Connecticut Prison Guards
- DNA Profiling of Conditionally Released Federal Offenders Upheld, by John E Dannenberg
- Los Angeles Voters Reject 5,000 More Cops; Invest In Clear Ocean Instead, by John E Dannenberg
- Washington ISRB Departure From Standard Sentencing Range Upheld
- Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity
- Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances
- Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies
- Colorado DOC Report: CCA At Fault for Crowley Uprising
- City Settles In Death of Prisoner at CCA-Operated Tulsa Jail
- Kansas Supreme Court Upholds Gift Subscription Ban
- Non-Contact Visits for Pennsylvania Sex Offenders Upheld
- Total Confinement: Madness and Reason in the Maximum Security Prison, by David C Fathi
- Gang Validation in Retaliation for Filing Grievances Is Actionable, by Marvin Mentor
- Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault, by John E Dannenberg
- Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided, by John E Dannenberg
- Public and Press Have First Amendment Right to Access Court Docket Sheets, by David Reutter
- Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed
- Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault
- News in Brief
- Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits
More from Marvin Mentor:
- California: Multi-Year Lifer Parole Denial Is Permissible Following One-Year Denial, Even In Absence of Significant Changes, July 15, 2011
- Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole, May 15, 2011
- California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790, Jan. 15, 2010
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, Sept. 15, 2009
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, Sept. 15, 2009
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, Sept. 15, 2009
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, July 15, 2009
- California County’s 2005 Purchase of Private Prison Still Clouded in Conflict of Interest Questions, May 15, 2009
- California Appellate Court Grants Writ, Reverses Governor, Reinstates PLN Writer’s Grant of Parole, March 15, 2009
- Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges, Feb. 15, 2009
More from these topics:
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
- BOP is Holding 12,000 Prisoners in Solitary Confinement, Aug. 15, 2024. Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).
- Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper, Aug. 15, 2024. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Control Units/SHU/Solitary Confinement, Prison Regulations.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Civil Rights Actions or Offenses/Bivens Actions.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Idaho Continues To Cell “Dangerously Mentally Ill” Without Charges, June 1, 2024. Conditions of Confinement, Totality of Conditions, Lockdowns, Control Units/SHU/Solitary Confinement, Civil Commitment.
- Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes, June 1, 2024. Retaliation for Litigating, Retaliation for Filing Grievances, Photos, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail.
- “Are You Freaking Kidding Me?” Former BOP Warden Accuses Guards of Recruiting Prisoners for Assaults at Troubled Lockup in Illinois, June 1, 2024. Guard Misconduct, DOC/BOP misconduct, Guard Brutality/Beatings, Restraints, Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).