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Articles by Mark Wilson

Oregon: Knowledge of Injury and Defendants’ Causal Role Required for Accrual of § 1983 Claims

by Mark Wilson

unanimous Oregon Supreme Court held on January 17, 2019 that a claim that prison officials were deliberately indifferent to the risk of sexual abuse by a guard at a juvenile facility accrued when the plaintiff knew or reasonably should have known of his injury and the ...

First Circuit: Denial of Humira Psoriasis Treatment Not Deliberately Indifferent

by Mark Wilson

The United States Court of Appeals for the First Circuit held that a lower court properly granted summary judgment to a Massachusetts prison doctor who refused to prescribe Humira to treat a pretrial detainee’s psoriasis.

Jenna Zingg was a pretrial detainee at the Massachusetts Correctional Institute (MCI) ...

Seventh Circuit Upholds Nationwide Injunction on Trump’s Attempt to Deny ‘Sanctuary Cities’ Federal Funding

by Mark Wilson

The United States Court of Appeals for the Seventh Circuit upheld a nationwide injunction, enjoining the Trump Administration from denying law enforcement grant funding to “sanctuary cities.”

Finding that one in five of its residents are immigrants, the City of Chicago adopted its “Welcoming City ordinance” in ...

Third Circuit Reverses Federal Prisoner’s FOIA Request Denials

by Mark Wilson

The United States Court of Appeals for the Third Circuit reversed the dismissal of a federal prisoner’s Freedom of Information Act (FOIA) requests.

Federal prisoner James Biear made FOIA requests of the Criminal Division of the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI) and ...

Seventh Circuit Accepts Illinois Guard’s Concession that Summary Judgment Improperly Granted on Retaliation Claim Against Him

by Mark Wilson

The United States Court of Appeals for the Seventh Circuit accepted a guard’s concession that he was improperly granted summary judgment on a prisoner’s retaliation claim against him. The court also reversed the grant of qualified immunity on that claim.

Illinois prisoner Kenneth James Daugherty was confined ...

$25,000 Settlement Over Connecticut False Arrest and Malicious Prosecution Claims

by Mark Wilson

The City of Norwalk, Connecticut, paid $25,000 to settle false arrest and malicious prosecution claims against a Norwalk Police Department (NPD) detective.

On October 3, 2013, Robert Ragsdale complained to the NPD that he was robbed by an assailant who stole his watch and $10. He described ...

Federal Circuit Upholds BOP Guard’s Termination Despite 1,265-Day Delay

by Mark Wilson

The United States Court of Appeals for the Federal Circuit upheld the termination of a federal prison guard, finding that he waived any claim of prejudice from a 1,265-day delay between commencement of the investigation and termination.

Leonardo Villareal was employed as a Bureau of Prisons (BOP) ...

Eighth Circuit Upholds Dismissal of Nebraska Guard’s Sex, Disability and Age Discrimination Claims

by Mark Wilson

 The United States Court of Appeals for the Eighth Circuit upheld the dismissal of a Nebraska prison guard’s sex, disability and age discrimination claims.

Linda L. Faulkner was hired as a guard at Nebraska’s Douglas County Department of Corrections (DCDC) in April 2003. She suffered shoulder and ...

Tenth Circuit: Prisoner Forfeited ADA Abrogation of Sovereign Immunity Argument

by Mark Wilson

The United States Court of Appeals for the Tenth Circuit held that a former Colorado prisoner waived his argument that Title II of the Americans with Disabilities Act (ADA) abrogates sovereign immunity. The court also held that he could not prevail on his Rehabilitation Act claim because ...

Washington Officials Violated First Amendment by Removing Prisoner’s Art from Exhibit Due to Criticism

by Mark Wilson

A Washington federal court denied state officials’ summary judgment on a claim that they violated a Native American prisoner’s First Amendment rights by prematurely removing his paintings from an art exhibit due to public criticism. The court also denied defendants’ qualified immunity.

Leonard Peltier has served more ...