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Seventh Circuit Vacates Summary Judgment in Retaliatory Discipline Case
Loaded on Aug. 30, 2017
published in Prison Legal News
September, 2017, page 40
The Seventh Circuit Court of Appeals reversed summary judgment for the defendants on a prisoner’s retaliatory discipline claim, finding the district court erred in failing to compel prison officials to produce a security video which would have been dispositive evidence.
Illinois state prisoner Kenneth Ogurek was charged with a disciplinary ...
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More from this issue:
- Opening the Door, by Jean Casella and Aviva Stahl
- American University Removes Statue of Imprisoned Native American Activist, by Derek Gilna
- Mississippi Closes Troubled Former Youth Prison
- Denver Man, Accused of Rape Due to Mishandled DNA, Has Lawsuit Dismissed, by Derek Gilna
- Prisoner Rights Event Prompts Florida Prison System Lockdown, by Derek Gilna
- California Prison Officials Shift Responsibility for Work Injuries to Prisoners, by Derek Gilna
- Oregon Parole Board Must Define Applicable Statutory Terms
- Oregon Prisoner’s Conversion Claim Against Guard Reinstated
- Florida, South Carolina, New Jersey Latest States to Pass Mugshot Extortion Laws
- Third Circuit Vacates Summary Judgment on SHU Strip Search Claims
- Prison Mailbox Rule Applies to Alabama Sentence Reconsideration Motions
- Oregon Prosecutors and Cops Bully Parole Board into Improperly Rescinding Parole; Court Orders Release
- Extensive Contraband Found During Shakedowns at Mississippi Prisons
- Milwaukee County Sheriff David Clarke’s Jail Under Fire for Deaths, Civil Rights Abuses, by Christopher Zoukis
- HOPE and SCF Probation Programs Criticized in Study, by Derek Gilna
- Utah Supreme Court Reverses Termination of Prisoner’s Parental Rights
- Plastic Spoon Not a “Dangerous Weapon” Under Oregon Law
- BJS Studies Show Number of Prisoners, Probationers Continues to Drop Slightly, by Derek Gilna
- DOJ Publishes Ten-step Program for Halfway House Reforms
- Missouri Prisoner’s IRA May be Seized for Incarceration Costs
- Oregon Prison Officials Must Provide Post-release Disability Care
- Abuses at Louisiana Jail Investigated, Ten Deputies Plead Guilty, by David Reutter
- HRDC/PLN Obtain Landmark Nationwide Censorship Settlement with Private Prison Company, by Derek Gilna
- Fifth Circuit Vacates Dismissal of Texas Grooming Policy RLUIPA Claim
- Ninth Circuit Reinstates Wiccan Prisoner’s Consent Decree
- Seventh Circuit Vacates Summary Judgment in Retaliatory Discipline Case
- $6.5 Million Jury Award in Oklahoma Jail Rape Lawsuit, by Matthew Clarke
- Almost 270 Die in Pre-trial Detention in Canadian Jails in Last Five Years, by Derek Gilna
- TN Prison Counselor Suspended for Posting Insults on Facebook, by Joe Watson
- Ninth Circuit: Courtroom Deputy Entitled to Qualified, Not Absolute, Immunity
- Numerous Lawsuits Filed Against Corizon Nationwide; Company Loses Contracts, by Matthew Clarke
- Federal Court Approves Landmark BOP ADX Mental Health Settlement, by Derek Gilna
- Exonerated Man Receives $6 Million in Malicious Prosecution Settlement, by Christopher Zoukis
- FCC Chairman Called Out on Conflict of Interest Concerning Prison Phone Company, by Carrie Wilkinson
- No Private Prisons in King County, Washington
- Private Prison Companies’ Plan to License “Baby Jails” Fails in Texas Legislature, by Bob Libal
- Iowa Supreme Court Upholds Automatic Disenfranchisement for all Felony Convictions, by Matthew Clarke
- Stolen Credit Cards Laundered Through Global Tel*Link in Ohio Prisons, by Christopher Zoukis
- Indiana Court Cannot Reduce 45-Day Filing Fee Time Limit
- With General Inch in Charge, We Can Expect Further Militarization of the Prison System, by Brian Dolinar
- Ohio State Criminal Convictions Threatened by Evidence Technician’s Misconduct, by Derek Gilna
- Deaths at North Carolina Jail Due to Lack of Medical, Mental Health Care
- Federal Judge Claims Three-year-olds Can Understand Immigration Law, by Christopher Zoukis
- Leader of Fraudulent Scheme Targeting Prisoners Convicted, Sent to Prison, by Christopher Zoukis
- Pretrial Diversion: Pay Not to Stay (in Jail), by Christopher Zoukis
- Brennan Center Asks: “How Many Americans Are Unnecessarily Incarcerated?”, by Derek Gilna
- Surgeon General’s Report: Substance Abuse Continues to Grow in America, by Derek Gilna
- California Damage Suit Improperly Treated as Habeas Petition
- New York Parole Board Repeatedly Held in Contempt; One Case Reversed on Appeal
- Los Angeles County Jail Faces Lawsuit Over Censorship of PLN
- Re-entry Program for Federal Prisoners on Supervised Release Has Low Participation
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- 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.
- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- 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.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- 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.