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D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
Names of Prison Staff Not Required In Grievances by Brandon Sample By Brandon Sample New York state prisoners do not have to name prison officials in their grievances in order to exhaust administrative remedies, the U.S. Court of Appeals for the Second Circuit decided February 2, 2009. The court's decision …
Mann v. Failey et al, SC, Complaint, guard brutality retaliation, 2011 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 1 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 2 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 3 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number …
Eleventh Circuit Holds Failure to Prove Physical Injury Accompanies Emotional Injury is Affirmative Defense by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held that 42 U.S.C. 1997e’s prohibition against a prisoner bringing a federal civil action for emotional injury without a prior showing of …
Eleventh Circuit Reverses Dismissal of Suit Alleging Retaliatory Attack by Guard by Brandon Sample By Brandon Sample On April 26, 2010, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked …
"Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner by Brandon Sample "Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner By Brandon Sample The "public concern" test does not …
Second Circuit Explains §1915 Strikes and Imminent Danger by Mark Wilson Second Circuit Explains §1915 Strikes and Imminent Danger By Mark Wilson The Second Circuit Court of Appeals held that a lower court abused its discretion in denying a pro se prisoner leave to amend his complaint to allege an …
Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit by Matthew Clarke by Matt Clarke On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a …
Davis et al v. Abercrombie et al, HI, Order denying Def Mot to Transfer Venue, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 28 Filed 05/27/11 Page 1 of 27 657 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS; et …
Fifth Circuit: Wyoming Prisoner May Sue Texas Private Prison Officials by Matthew Clarke by Matt Clarke On June 16, 2008, the Fifth Circuit Court of Appeals ruled that a Wyoming state prisoner housed at a privately-operated prison in Texas could sue private prison officials for retaliation and taking money from …
Washington DOC Agrees to Pay $15,500 to Paraplegic Prisoner for Disability-Based Discrimination by On January 27, 2006, the Washington State Department of Corrections (DOC) agreed to pay $15,500 to a paraplegic prisoner who received inadequate medical care and was discriminated against because of his disability. John Chauers, a DOC prisoner …
D.C. Settles Sexual Harassment and Retaliation Suit for $3,000 by On June 5, 2002, the District of Columbia agreed to settle a suit brought by a prisoner who was allegedly sexually harassed and then was retaliated against after reporting the harassment. Wallace Mitchell alleged that on or about December 27, …
Texas Court of Appeals Reverses Dismissal of Prisoner's Retaliation Suit by By Matt Clarke On September 10, 2008, a Texas state court of appeals reversed the Chapter 14, Texas Civil Practice & Remedies Code, dismissal of a state civil rights action brought by a prisoner under 42 U.S.C. § 1983. …
Article • April 15, 2011
6th Circuit: Grievances Enjoy First Amendment Protection by On September 29, 2009, the 6th Circuit vacated a district court ruling dismissing a complaint filed by Michigan prisoner Lynn Pasley. The complaint was filed pursuant to 42 U.S.C. § 1983 alleging constitutional violations against Vera Conerly, a prison employee. Pasley accused …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit by In April 2010, California state prisoner Charles Chatman accepted an offer of judgment from the defendant prison officials he had sued in federal court for allegedly retaliating against him in violation of the First Amendment because he filed …
$55,000 Settlement in DC Jail Prisoner’s Confinement Conditions Suit by The District of Columbia (DC) paid $55,000 to settle prisoner Lawrence Caldwell’s lawsuit that asserted various unconstitutional conditions at the DC Jail. In a clear, detailed pro se complaint, Caldwell outlines numerous conditional factors that violate his constitutional rights. He …
$2,500 in D.C. Prisoner’s Eighth Amendment Suit by The District of Columbia (D.C.) paid $2,500 to settle an Eighth Amendment lawsuit filed by prisoner Cornell Barber. Barber was at D.C.’s Central Facility in Lorton, Virginia in March, 2001. On March 1, Cornell received a hemorrhoidectemy to remove hemorrhoids from his …
D.C. Settles Unreasonable Strip Search, Sexual Battery Allegations for $15,750 by On May 11, 2006, the District of Columbia paid $15,750 to settle a lawsuit filed by two prisoners who claimed they were subjected to unreasonable strip searches and sexual battery by guards at the Central Facility in Lorton, Virginia. …
Illinois Supermax Placement Procedures Unconstitutional by David Reutter by David M. Reutter An Illinois federal district court has held that existing Illinois Department of Corrections (IDOC) procedures for placing prisoners at the Tamms Correctional Center (Tamms) are inadequate to protect the liberty interest of IDOC prisoners to avoid confinement at …
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