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Retaliation Claim Not Barred by Heck
Loaded on Aug. 15, 2008
published in Prison Legal News
August, 2008, page 40
The Sixth Circuit Court of Appeals has held a prisoner’s 42 U.S.C. § 1983 action is not barred when a victory for the prisoner “would have at most the potential to decrease his period of detention,” in a case where the prisoner “alleged adequately the elements of a First Amendment …
Filed under:
Retaliation for Filing Grievances,
Disciplinary Litigation,
Civil Procedure,
Complaints.
Location:
Michigan.
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- Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food, by Mark Wilson
- From the Editor, by Paul Wright
- C O R R E C T I O N
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More from these topics:
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- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026. Retaliation for Filing Grievances, Snitch Jacketing, Liberty Interests, Evidence, Wrongful Use of Force.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- $5,000 Settlement for Missouri Prisoner’s Retaliation Claim After Eighth Circuit Dismissed Due Process Claim Over Falsified Disciplinary Report, Dec. 1, 2025. Retaliation for Filing Grievances, Liberty Interests, Evidence, Qualified Immunity, Ad-Seg Hearings.
- New Hampshire Guard Abuse and Theft Uncovered Through Poaching Investigation, Dec. 1, 2025. Guard Misconduct, Retaliation for Filing Grievances, Legal Mail, Obstruction of Justice.
- California’s Attorney General Is Suing Los Angeles County Jails Over “Inhumane Conditions”, Nov. 1, 2025. Jail Misconduct, Totality of Conditions, Food, Overcrowding, Exposure to Cold, Plumbing, Sewage, Sanitation, Hygiene Supplies, Vermin, Exposure to Heat, Guard Brutality/Beatings, Complaints, Consent Decrees, Failure to Treat (Mental Illness).
- $950,000 Awarded to Trans Maryland Prisoner Dropped on Her Face by Guards, Nov. 1, 2025. Guard Misconduct, DOC/BOP misconduct, Government Misconduct, Retaliation for Filing Grievances, Retaliation for Organizing, Retaliatory Segregation, Guard Brutality/Beatings, Restraints, Discrimination (Transgender), Failure to Protect (Transgender), Immunity - Absolute and Qualified, Damages - Compensatory, Wrongful Use of Force.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.

