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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
Filed under: Retaliation, Retaliation for Filing Grievances, Retaliatory Transfers. Location: Texas.
Fifth Circuit Remands Texas Prisoner's Retaliation Claim, Adopts De Minimis Standard

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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  1. The Political Economy of Prison and Jail Litigation, by Margo Schlanger
  2. Florida’s Broward County Jail: Abuse and Misconduct As Usual, by David Reutter
  3. From the Editor, by Paul Wright
  4. Suicides Plague Wisconsin Jails; Attempted Suicide Suit Settles for $13.1 Million, by Matthew Clarke
  5. Dr. Yank: Washington Prison Dentist Nearly Kills Patient
  6. Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness
  7. Maryland Restores Voting Rights to 50,000 Felons
  8. Missouri Legislature Allows Wrongfully Convicted to Receive Compensation
  9. Supreme Court: California’s Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment, by Marvin Mentor
  10. Increasingly Repressive Sex Offender Residency Restrictions Have Doubtful Benefits, by John Dannenberg
  11. Alaska Jail Settles Alcohol Withdrawal Death Case For $573,000
  12. Phoenix, Arizona Sheriff’s Policy Delaying Prisoners’ Elective Abortions Enjoined, by John Dannenberg
  13. Colorado Successfully Pressures FBI To Release DNA Info; Racial Bias Infects DNA Databases, by Gary Hunter
  14. Guards Convicted of Stealing, Bringing Drugs into Washington State Private Jail, by Matthew Clarke
  15. Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact, by John Dannenberg
  16. BOP Cancels Solicitation of Proposal for Single-Faith Program
  17. Lifetime Supervision or Lifetime Incarceration for Colorado Sex Offenders?
  18. Louisiana Prisoner Denied Religious Materials Under “Approved Vendor” Policy Settles Suit for $21, 786.13 in Damages and Fees
  19. Study: Supermax Prisons Achieve Control While Inflicting Debilitating Side Effects, But Don’t Reduce Recidivism, by John Dannenberg
  20. California Sheriff Criticized on Injury Non-Treatment After Use of Force
  21. South Carolina Prisoner Awarded $4,000 For Fall, Broken Ankle
  22. Human Rights Watch Urges Access to Condoms in U.S. Prisons and Jails
  23. $30,000 Award in Hawaii Medical Negligence Suit
  24. Private Prison Companies Bilk Florida Taxpayers Out of Millions, by David Reutter
  25. Los Angeles County Jail Visitor’s Injury After Scuffle With Deputies Settles For $150,000
  26. Florida Court Without Jurisdiction to Impose Confinement Condition Sanctions at Sentencing
  27. Excessive Force And Medical Negligence Death In Youngstown, Ohio Arrest Settles For $350,000 From Police, $100,000 From PHS, by John Dannenberg
  28. City of Detroit Must Record Suspect Confessions; $4 Million Wrongful Incarceration Award
  29. U.S. Supreme Court: State Felon’s Deportation Order Reversed Where Underlying Offense Amounted Only to Federal Misdemeanor
  30. $248,000 Jury Award for Inhumane D.C. Jail Conditions
  31. Harsh Federal Parole Conditions for Federal Sex Offender Upheld
  32. Fifth Circuit Remands Texas Prisoner’s Retaliation Claim, Adopts De Minimis Standard, by Michael Rigby
  33. Second Hawaii Sex Assault Case Settled for $25,000
  34. California Prison Guards Awarded $440 Million Retroactive Pay Increase
  35. $2.5 Million Settlement in Schenectady County Strip Search Suit
  36. California Governor’s Parole Veto Reversed by Federal Court, by John Dannenberg
  37. New York Jail’s Juvenile Education Suit Returns to District Court
  38. Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife
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  41. New York Prisoner Beaten By Unofficial Enforcer Awarded $500,000
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