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Fifth Circuit Reverses Dismissal of Federal Prisoner’s Retaliation, Conspiracy Claims
Loaded on Sept. 3, 2018
by Matthew Clarke
published in Prison Legal News
September, 2018, page 40
Filed under:
Retaliation for Filing Grievances.
Location:
Louisiana.
by Matthew Clarke
On November 15, 2017, the Fifth Circuit Court of Appeals reversed the dismissal of a Louisiana federal prisoner’s claims that prison officials conspired to retaliate against him for filing a grievance regarding power outages at his facility.
Derrick D.L. Brunson’s grievance expressed safety concerns related to several ...
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More from this issue:
- Solitary Instead of Treatment of Mentally Ill Prisoner Costs New Mexico Jail $2 Million, by R. Bailey
- Sixth Circuit: § 1983 Actions Classified as Personal Injury Claims, by David Reutter
- Family of Deceased Colorado Prisoner Accepts Settlement for $5.3 Million, New Policies, by Edward Lyon
- South Dakota Prisoner Fights Porn Ban in Federal Court, by Edward Lyon
- PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time, by David Reutter
- Jail’s Failure to Protect Juvenile from Sexual Assault Supports $25,000 Verdict, by David Reutter
- Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case, by Jeremy Pinson
- Lawsuit Alleges Texas County Jailers Beat, Paralyzed Prisoner, by Matthew Clarke
- Study Finds Wrongful Convictions in 11.6 Percent of Sexual Assault Cases from Pre-DNA Testing Era
- Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable, by David Reutter
- With Help from ACLU, Parolee Wins $10,000 Settlement Plus $100,000 in Attorney Fees, by Derek Gilna
- Texas Settles Suit Over Rape and Beating of Transgender Prisoner
- With 27 Percent Unemployment, Jobs Crisis Hits Ex-prisoners the Hardest, by Steve Horn
- Maine: Superior Court’s Dismissal for Lack of Jurisdiction Not Supported by the Record, by Dale Chappell
- Canadian Woman Wins Settlement for Death of Son Born in Jail, by Derek Gilna
- New Orleans Parish Court System has Unconstitutional Funding Practices, by David Reutter
- NC Escape Attempt that Left Four Dead Leads to Reforms, Increased Punishment
- Mother of Prisoner Who Died at Texarkana Jail Challenges $200,000 Settlement; Nurse Pleads Guilty, by Matthew Clarke
- Privacy Interests Outweigh Public Interest in Disclosure of AUSA Termination Letter, by David Reutter
- New Rule Sparks Uprising at California Sex Offender Civil Commitment Facility, by Matthew Clarke
- Private Prison Operator Emerald Corrections Out of Business, by Steve Horn
- Two Chicago Prisoners, Released Due to Police Misconduct, Seized by ICE, by Derek Gilna
- $55,000 Settlement in Rape of Missouri Jail Prisoner
- Texas Uses Failed Private Prison to Hold Civilly Committed Sex Offenders, by Matthew Clarke
- Ohio Settles Suit Over Sexual Assault of Prisoner for $525,000, by Matthew Clarke
- Nevada County Settles Lawsuit Over Jail Prisoner’s Death for $500,000, by Matthew Clarke
- Federal Judge Voids Contract Between Death Row Exoneree and Attorney, by David Reutter
- Fifth Circuit Reverses Dismissal of Federal Prisoner’s Retaliation, Conspiracy Claims, by Matthew Clarke
- Despite Lack of FCC Action, States Can Still Make Prison and Jail Calls Affordable, by Dale Chappell
- Georgia Medical Prison Rife with Dysfunction, Abuse and Dilapidated Conditions, by David Reutter
- Controversy in Utah Over Jail Deaths and Secret Jail Operating Standards, by Matthew Clarke
- Dozens of Lawsuits Against Correct Care Solutions for Sometimes Fatal Denial of Medical Treatment, by Matthew Clarke
- Los Angeles County Settles Lawsuit over Jail Prisoner’s Suicide for $1.7 Million, by Matthew Clarke
- Lake County, Indiana Establishes $8.2 Million Bond to Settle Jail Lawsuits
- Former Mexican Mafia General Turned Informant Receives $25,000 from GEO Group, 20 Years in Prison from Feds, by Matthew Clarke
- Minnesota Prisoner Wins Reprieve from Jail Debt in Federal Court, by Edward Lyon
- Virginia Prisoner Defeats Summary Judgment, Settles Religious Diet Case, by Edward Lyon
- Top Federal Death Penalty Lawyer Demoted, Reassigned, by Christopher Zoukis
- Protesters Blockade CoreCivic Headquarters in Nashville; 19 Arrests
- Washington Prisoner Has First Amendment Right to Threaten to File Suit, by Derek Gilna
- Colorado County Settles Lawsuit Over Jail Prisoner’s Death for $3.5 Million, by Matthew Clarke
- HRDC Files Suit Against FDOC Over Mentally Ill Prisoner’s Starvation Death
- Ohio City, Medical Center Settle Lawsuit Over Jail Prisoner’s Death for $210,000, by Matthew Clarke
- Federal Court Issues Injunction Over Conditions on Virginia’s Death Row, by Matthew Clarke
- Some Arizona Prison Logs Show Temperatures up to 119 Degrees; Others Falsified, by Matthew Clarke
- New CNN Film, “American Jail,” Shows How the Poor Get – and Stay – Incarcerated, by Steve Horn
- Illinois: $4.75 Million Settlement in Jail Seizure Injury Case, by David Reutter
- Oklahoma Prisoners, Advocacy Group File Short-lived Lawsuit Alleging Corruption, by Matthew Clarke
- California Supreme Court Modifies Settlement to Revise Parole Process, by Derek Gilna
- Florida Board Rules Convicted Prison Guard Can’t Collect Retirement Benefits, by Monte McCoin
- JPay Vulnerability Exploited by Idaho Prisoners for $225,000 in Credits, by Steve Horn
- Lawsuit, Ballot Initiative Seek to Reform Felon Disenfranchisement in Florida, by David Reutter
- Pennsylvania: Class-action Suit Against USP Lewisburg Reinstated, by Derek Gilna
- From the Editor, by Paul Wright
- Rikers Island Beat Down Suit Settles for $165,000, but Victim Won’t See a Penny, by Christopher Zoukis
- News in Brief
- At the Federal Supermax, When Does Isolation Become Torture?, by Alan Prendergast
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- 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.
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- Nearly $70,000 Awarded for Illinois Prisoner’s Excessive Force Claim, July 15, 2025. Retaliation for Filing Grievances, Food, Guard Brutality/Beatings.
- $52,500 for Trans Florida Prisoner Sexually Assaulted by Cellmate, June 1, 2025. Prisoner-Prisoner Assault, Retaliation for Filing Grievances, Failure to Protect (Transgender).
- New York Prisoner Awarded Almost $280,000 in Retaliation Claim Against Guards, May 1, 2025. Retaliation for Filing Grievances, Guard Brutality/Beatings, Settlements.
- Study Finds Just 1% of Prisoner’s Eighth Amendment Claims Succeed, May 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Eighth Amendment, Administrative Exhaustion (PLRA), Cruel and Unusual Punishment.
- 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.
- Shrewd Federal Prisoner Salvages $5,000 from Suit Against Arkansas Jail Where He Was Held Pre-Trial, Jan. 1, 2025. Retaliation for Filing Grievances, Systemic Medical Neglect, Conditions of Confinement, Settlements.
- 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.