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Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment
Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment
by David M. Reutter
In a December 26, 2013 decision, the Eighth Circuit Court of Appeals reversed a district court’s grant of summary judgment, holding that a former pretrial detainee had presented sufficient evidence that he was subjected to retaliation for ...
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More from this issue:
- News in Brief
- Investigation Uncovers Lost Graves at Former Florida Juvenile Facility, by David Reutter
- New York District Attorney Admits Lying About Acting in Porn Movies
- Nebraska DOC Obstructing Efforts to Modify Prisoners’ Child Support Payments
- Probe Reveals Corruption at Pennsylvania Jail
- California Prison Healthcare Costs Soar Under Federal Receiver
- Fifth Circuit Declares SORNA Unconstitutional in Certain Cases, Reversed by Supreme Court, by Matthew Clarke
- Pennsylvania Activists Arrested for Protesting Construction of New Prison Complex
- “Ban the Box” Movement Spreads Nationwide, by Joe Watson
- ICE Implements New Directive to Limit Solitary Confinement
- Seventh Circuit Upholds Dismissal of Illinois Booking Fee Challenge, by Mark Wilson
- Colorado: Sentencing Court May Override Sexually Violent Predator Risk Assessment Score, by Matthew Clarke
- Ninth Circuit Revives Ad Seg 24-Hour Lighting Claim, by Mark Wilson
- Seventh Circuit Extends Appeal Filing Deadline for Prisoner Misled by Court Clerk, by Matthew Clarke
- Second Circuit: Spraying with Feces Not De Minimis Injury; $7,000 Settlement After Remand, by Mark Wilson
- Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto, by Matthew Clarke
- Ninth Circuit: Exhaustion Prior to Amended Complaint Satisfies PLRA, by Mark Wilson
- Former Wyoming Probation Officer Receives, Violates Probation, by Derek Gilna
- California Exhaustion Requirement Extends to Independent Contractors, by Mark Wilson
- Jail Video Visitation Proposal Considered in Dallas County, Texas
- Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles, by David Reutter
- Tenth Circuit Holds “Consensual” Sex Defeats Prisoner’s Eighth Amendment Claim, by Mark Wilson
- $8.15 Million Jury Award for Prisoner’s Death at New York Jail, by David Reutter
- California: Federal Judge Certifies Class-Action Over SHU Placement, Conditions, by Derek Gilna
- Alaska Filing Fee Statute Denies Prisoners Court Access, by Mark Wilson
- Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment, by David Reutter
- Prison and Jail Phone Reforms Needed in New Jersey, by Karina Wilkinson
- Class-Action Suit Claiming Inadequate Medical Care at Virginia Prison Set for Trial
- Drug Courts Partner with Pharmaceutical Company to Combat Heroin, Alcohol Abuse
- Washington State: Injunction Entered Against Lewis County in PLN Censorship Suit
- Leading with Conviction: JustLeadershipUSA, by Glenn E. Martin
- How the Courts View ACA Accreditation, by Alex Friedmann
- Tennessee Senate Judiciary Committee Holds Hearings on Criminal Justice Reform
- Women in Solitary Confinement: “The Isolation Degenerates Us into Madness“, by Victoria Law
- From the Editor, by Paul Wright
- Texas Court Finds CCA Subject to State’s Public Information Act, Awards Attorney Fees
- $750,000 Settlement for Washington State Prisoner’s Wrongful Death, by Carrie Wilkinson
- In Washington State Prisons, Negligent Health Care Turns Illness into a Death Sentence, by Rick Anderson
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Oregon Pays $50,000 to Settle Retaliation Suit by PLN Contributor, Who Wins Release, Feb. 15, 2025. Retaliation for Litigating, Retaliation for Media Contact, Settlements.
- 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.
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
- 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.
- 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.
- $500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days, May 1, 2024. Retaliation for Filing Grievances, Exposure to Cold, Toilets, Water, Sanitation, Strip Cells, Hygiene Supplies, Restraints.
- Dismissal Affirmed of Florida Prisoner’s Claim for Exposure to Human Waste, May 1, 2024. Retaliation for Filing Grievances, Hearing Officers, Showers, Sewage, Sanitation.
- $7,500 Settlement Reached After Georgia Prisoner’s Retaliation Claim Survives Summary Judgment, May 1, 2024. Retaliation for Filing Grievances, Retaliation for Organizing.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.