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Abuse and Assaults Continue at Pennsylvania Jail by David Reutter by David M. Reutter An attorney representing a prisoner who suffered a near-fatal attack by another prisoner at Pennsylvania’s Lackawanna County Prison (LCP) has claimed that the incident demonstrates a pattern of mistreatment by staff at the facility. Prisoner Nicholas …
Seventh Circuit Holds That A Prisoner’s Verbal Complaints About Racist Guards May Be Protected Speech by Retaliation for verbally complaining about a prison guard who hung a noose where prisoners could see it, the Seventh Circuit has held, may constitute an infringement of a prisoner’s First Amendment free speech rights. …
Article • February 15, 2011 • from PLN February, 2011
9th Circuit: Prisoner Need Not Succumb to Threats in Order to Prevail on First Amendment Retaliation Claim by Michael Brodheim The Ninth Circuit has ruled that a prisoner threatened with retaliation for filing grievances may prevail on a claim of First Amendment retaliation even when the threat is non-specific and …
California Prison Settles Prisoner’s Excessive Force Suit for $15,000 by On January 28, 2010, California prisoner Garrison S. Johnson, proceeding pro se, signed a settlement agreement to resolve a federal lawsuit he had filed pursuant to 42 U.S.C. § 1983, claiming violations of his civil rights by officials with the …
Article • January 15, 2011 • from PLN January, 2011
Seventh Circuit Holds No Public Interest Requirement in Prisoner’s First Amendment Retaliation Suit for Providing Affidavit to Help Dead Prisoner’s Family by The Seventh Circuit Court of Appeals held that a prisoner who alleges retaliation for free speech is not required to show that the speech engaged in concerned a …
Article • December 15, 2010 • from PLN December, 2010
Former Utah Prison Guard Ordered to Pay Over $1.4 Million for Raping Prisoner by Derek Gilna U.S. District Court Judge Clark Waddoups, in a February 2010 decision, ordered former Utah State Prison guard Louis Poleate to pay $435,332.50 in compensatory damages and $1 million in punitive damages to prisoner Priscilla …
Controversial Report Criticizes Director of Idaho Parole Commission by Matthew Clarke by Matt Clarke In February 2010, the Idaho legislature’s Office of Performance Evaluations (OPE) released an audit report titled “Increasing Efficiencies in Idaho’s Parole Process.” Among other things, the report critiqued Olivia Craven, Executive Director of the Idaho Commission …
14 Years of Litigation Fails to Remedy Deficient Jail Medical Care; Herrera Saga Continues in Washington State by by Mark Wilson In 1996, Tacoma, Washington officials settled a class-action federal lawsuit over unconstitutional conditions and insufficient health care at the Pierce County Jail (PCJ). Fourteen years later, however, prisoners continue …
Eighth Circuit Upholds $2,501 Retaliation Judgment Against Arkansas Prison Guard by The U.S. Court of Appeals for the Eighth Circuit has affirmed a $2,501 award to an Arkansas state prisoner who was subjected to retaliation by an Arkansas Department of Correction (ADC) guard. On June 23, 2007, ADC prisoner Walter …
Washington DOC Agrees to Pay $5,000 to a Prisoner Who Was Harassed for Filing a Grievance by On May 23, 2007, the Washington Department of Corrections (DOC) agreed to pay $5,000 to a prisoner who was harassed after filing a complaint. Vicki Cole was strip-searched by one guard in violation …
Eleventh Circuit Reverses/Affirms Denial of Qualified Immunity in Retaliation Case by On June 22, 2007, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part a district court’s denial of qualified immunity for four Georgia prison officials accused of retaliation. Danny Hicks sued Warden …
$2,750 Settlement in California Prisoner’s Denial of Exercise Claim by The California Department of Corrections and Rehabilitation (CDCR) paid $2,750 to settle a prisoner’s Eighth Amendment claim for denial of exercise. The May 7, 2008 settlement came in a lawsuit filed by prisoner Terrell Curry. In his third amended complaint, …
New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail by Michael Brodheim On May 28, 2009, a U.S. District Court granted class-action status to prisoners seeking declaratory and injunctive relief for unconstitutional conditions of confinement at the Passaic County Jail (PCJ) in Paterson, New …
New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling by The Second Circuit Court of Appeals delivered a mixed verdict in an appeal by New York state prisoner Cesar A. Espinal. Espinal’s § 1983 suit, which was filed pro se, accused a total of 14 guards and other prison …
Massachusetts DOC Agrees to Pay $15,000 to Settle ADA Suit by On October 24, 2005, the Massachusetts Department of Corrections (DOC) agreed to settle a suit brought by a prisoner under the Americans with Disabilities Act (ADA) for $15,000. Paul Shedlock sued the DOC after staff at MCI Norfolk refused …
Texas Court of Appeals Reverses Dismissal of Prisoner’s Retaliation Suit; Second Dismissal Affirmed After Remand by Matthew Clarke by Matt Clarke A Texas Court of Appeals reversed the dismissal of a prisoner’s lawsuit alleging that he suffered retaliation for litigation activities. However, after the case was again dismissed following remand, …
Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation by The Eleventh Circuit Court of Appeals has held that a prison official’s threat to retaliate against a prisoner for use of the institutional grievance procedure made the prisoner’s administrative remedies unavailable. The appellate ruling came in a civil …
Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case by The Fifth Circuit Court of Appeals held that a district court had erred when it dismissed a prisoner’s retaliation-based civil rights suit as de minimis when the prisoner’s alleged injury was exposure to freezing cold for four-and-a-half …
Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur by John E Dannenberg by John E. Dannenberg A pro se Pennsylvania state prisoner won a jury verdict of $5,000 in compensatory damages plus $100,000 in punitive damages against a prison official who openly and repeatedly retaliated against him after he …
BOP Guard Found Guilty in Prisoner’s Death, Sentenced to Life by Brandon Sample On July 30, 2009, a federal jury found a former prison guard at the Federal Correctional Complex (FCC) in Coleman, Florida guilty of civil rights violations in connection with a prisoner’s death. She later received a life …
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