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Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case
Loaded on Feb. 15, 2010
published in Prison Legal News
February, 2010, page 46
The Fifth Circuit Court of Appeals held that a district court had erred when it dismissed a prisoner’s retaliation-based civil rights suit as de minimis when the prisoner’s alleged injury was exposure to freezing cold for four-and-a-half hours on four consecutive nights.
Filed under:
Guard Misconduct,
Retaliation for Filing Grievances,
Exposure to Cold,
PLRA,
Physical Injury Rule.
Location:
Texas.
Juarez Miguel Bibbs, a Texas state prisoner, filed ...
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- Swine Flu Widespread in Prisons and Jails, but Deaths are Few, by David Reutter
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- From the Editor, by Paul Wright
- Preventable Sacramento County Jail Death Costs Taxpayers $1.45 Million, by David Reutter
- Free Rent for Some Washington State Parolees
- A New Look at a Very Old Subject: The Uniform Collateral Consequences of Conviction Act, by Margaret Colgate Love
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- Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware, by David Reutter
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- Freedom Forum CEO Charles Overby’s Dark History with Corrections Corporation of America, by Beau Hodai
- Three Florida Guards Charged in Prisoner’s Beating, by David Reutter
- Washington State Makes Work Release Available to Disabled Prisoners; Monetary Payments to Class Members
- Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional, by Matthew Clarke
- $6,000 Settlement in Illegal Arrest of Washington State Probationer
- Denial of Medical Care Causes Two Riots at GEO Group Texas Prison, by Matthew Clarke
- Special Treatment for Jewish Prisoners, Rappers Leads to Employee Discipline, Resignations at New York Jails, by Gary Hunter
- Maine Prison System’s Board of Visitors: Secret, Unaccountable and Co-Opted, by Lance Tapley
- Rikers Guards Charged With Using Juvenile Prisoners to Run Extortion Ring, by Gary Hunter
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, by Bob Williams
- Homelessness a Significant Problem for Released Prisoners, by John Dannenberg
- Department of Justice Releases Arrest-Related Death Statistics, by Matthew Clarke
- Arizona Prisoner, Abandoned in Outdoor Cage, Bakes to Death, by Gary Hunter
- Massachusetts Sex Offender Registry Board Member Brags About Bias
- Prison Supervisors Can be Liable for Guard’s Sexual Abuse, by David Reutter
- False Sense of Security: The Real Cost And Benefits Of The Adam Walsh Act, by Brandon Sample
- One of Every 11 Prisoners Now Serving Life Sentence, by Bob Williams
- Wisconsin Enacts New Early Release Law, by Matthew Clarke
- California Parents and Guardians Assessed Fees to Offset Juvenile Detention Costs, by Michael Brodheim
- $245,000 Settlement in Michigan Jail Prisoner’s Death
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