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Fifth Circuit Remands Texas Prisoner’s Retaliation Claim, Adopts De Minimis Standard
Loaded on June 15, 2007
by Michael Rigby
published in Prison Legal News
June, 2007, page 36
Fifth Circuit Remands Texas Prisoner's Retaliation Claim, Adopts De Minimis Standard
Filed under:
Retaliation,
Retaliation for Filing Grievances,
Retaliatory Transfers.
Location:
Texas.
by Michael Rigby
The U.S. Fifth Circuit Court of Appeals held that prisoners must allege more than de minimis retaliatory acts to support retaliation claims under 42 U.S.C. § 1983. However, the Court further held that a transfer to ...
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More from this issue:
- The Political Economy of Prison and Jail Litigation, by Margo Schlanger
- Florida’s Broward County Jail: Abuse and Misconduct As Usual, by David Reutter
- From the Editor, by Paul Wright
- Suicides Plague Wisconsin Jails; Attempted Suicide Suit Settles for $13.1 Million, by Matthew Clarke
- Dr. Yank: Washington Prison Dentist Nearly Kills Patient
- Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness
- Maryland Restores Voting Rights to 50,000 Felons
- Missouri Legislature Allows Wrongfully Convicted to Receive Compensation
- Supreme Court: California’s Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment, by Marvin Mentor
- Increasingly Repressive Sex Offender Residency Restrictions Have Doubtful Benefits, by John Dannenberg
- Phoenix, Arizona Sheriff’s Policy Delaying Prisoners’ Elective Abortions Enjoined, by John Dannenberg
- Alaska Jail Settles Alcohol Withdrawal Death Case For $573,000
- Colorado Successfully Pressures FBI To Release DNA Info; Racial Bias Infects DNA Databases, by Gary Hunter
- Guards Convicted of Stealing, Bringing Drugs into Washington State Private Jail, by Matthew Clarke
- Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact, by John Dannenberg
- BOP Cancels Solicitation of Proposal for Single-Faith Program
- Lifetime Supervision or Lifetime Incarceration for Colorado Sex Offenders?
- Louisiana Prisoner Denied Religious Materials Under “Approved Vendor” Policy Settles Suit for $21, 786.13 in Damages and Fees
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- California Sheriff Criticized on Injury Non-Treatment After Use of Force
- South Carolina Prisoner Awarded $4,000 For Fall, Broken Ankle
- Human Rights Watch Urges Access to Condoms in U.S. Prisons and Jails
- Private Prison Companies Bilk Florida Taxpayers Out of Millions, by David Reutter
- $30,000 Award in Hawaii Medical Negligence Suit
- Los Angeles County Jail Visitor’s Injury After Scuffle With Deputies Settles For $150,000
- Florida Court Without Jurisdiction to Impose Confinement Condition Sanctions at Sentencing
- City of Detroit Must Record Suspect Confessions; $4 Million Wrongful Incarceration Award
- Excessive Force And Medical Negligence Death In Youngstown, Ohio Arrest Settles For $350,000 From Police, $100,000 From PHS, by John Dannenberg
- U.S. Supreme Court: State Felon’s Deportation Order Reversed Where Underlying Offense Amounted Only to Federal Misdemeanor
- $248,000 Jury Award for Inhumane D.C. Jail Conditions
- Fifth Circuit Remands Texas Prisoner’s Retaliation Claim, Adopts De Minimis Standard, by Michael Rigby
- Harsh Federal Parole Conditions for Federal Sex Offender Upheld
- California Prison Guards Awarded $440 Million Retroactive Pay Increase
- Second Hawaii Sex Assault Case Settled for $25,000
- $2.5 Million Settlement in Schenectady County Strip Search Suit
- California Governor’s Parole Veto Reversed by Federal Court, by John Dannenberg
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- Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife
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More from Michael Rigby:
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- Federal Jury Awards $45,001 to Maryland Prisoner Assaulted By Guards, Aug. 23, 2016
- Wisconsin Appeals Court Orders Photos Delivered to Prisoner, April 15, 2013
- New York: Indigent Defendants' Suit Over Non-representation Ruled Justiciable, March 15, 2013
- Trial and Conviction in Washington Jailhouse Courtroom Overturned, March 15, 2013
- Scientific Advances in Arson Investigations Reveal Wrongful Convictions, Jan. 15, 2013
- Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal, Nov. 15, 2011
- Some Agencies Balk at Releasing Prison Phone Data, April 15, 2011
- Facebook Lands Prison Guards, Prisoners in Hot Water, April 15, 2011
- Federal Restitution Law Failing Crime Victims, Jan. 15, 2011
More from these topics:
- 20 South Carolina Prisoners Sentenced So Far for Deadly 2018 Riot, Feb. 15, 2025. Retaliation, Prison Rebellion, Prison Gangs, Staffing, Cell Phone Access.
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport, Jan. 15, 2025. Transport Companies, Retaliatory Transfers, Transportation, Deliberate Indifference.
- Six Set Themselves on Fire at Virginia Prison in 2024, Jan. 15, 2025. Retaliation, Protests, Control Units/SHU/Solitary Confinement, Fire to the Prisons Magazine.
- $23,138 Plus Out-Of-State Transfer for Virginia Prisoner Who Accused Guards of Excessive Force and Altering Video, Nov. 15, 2024. Retaliatory Transfers, Videotaping, Guard Brutality/Beatings, Settlements.
- Unintended Consequence of Texas Prisoner Tablets: Retaliation from Fellow Prisoners, Aug. 15, 2024. Retaliation, Informants, Electronic Tablets, Securus.
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, Aug. 1, 2024. Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims.
- 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.