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$100 Million Settlement in Michigan Prisoners’ Sexual Abuse Suit by David Reutter by David M. Reutter A record-breaking settlement has been reached in a 13-year-old class-action lawsuit filed on behalf of female prisoners who were “subjected to sexual abuse, sexual harassment, privacy violations by male [prison] staff ... and/or retaliation …
$73,000 Settlement for Denial of Pain Medication to Wisconsin Prisoner by Matthew Clarke by Matt Clarke On January 6, 2009, Wisconsin settled a lawsuit brought by a state prisoner who complained of guards preventing him from receiving his pain medication when he was in intense pain, then retaliating against him …
Seventh Circuit Reverses Dismissal of Suit Alleging Excessive Force, Retaliation and Inadequate Medical Care; Settles for $15,000 by The U.S. Court of Appeals for the Seventh Circuit reversed the dismissal of a lawsuit against Cook County Jail (CCJ) officials in Chicago, Illinois that alleged excessive force, retaliation and inadequate medical …
Brief • May 28, 2009
Malik v. Ayers, NY, Complaint, Assault by Guard, 2009 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ----------------------------X SULTAN MALIK, Plaintiff, COMPLAINT -againstCRAIG L. SKELLY, RANDY BANKS, SHAWN D. PIERSON, TIMOTHY J. HABLE, JOEL R. AYERS, SEAN F. DAVIS and DAVID NAPOLI, JURY TRIAL DEMANDED Defendants. ----------- ----------------- X …
State Auditor: Texas Prisoners Face Retaliation for Airing Grievances by Matthew Clarke State Auditor: Texas Prisoners Face Retaliation for Airing Grievances by Matt Clarke In September 2008, the Texas State Auditor released a report on the investigation and resolution of complaints in the Texas Department of Criminal Justice (TDCJ). The …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
Class Certification Granted to Illinois Prisoners In Retaliation Lawsuit by A federal district court in Illinois has granted class certification to a group of prisoners. The plaintiffs are current and former Illinois Department of Corrections (IDOC) prisoners housed in the maximum security unit at Tamms Correctional Center (TCC). The lawsuit …
Brief • April 3, 2009
Renda v. Ackles, IA, Complaint, Sexual Harassment and Retaliation, 2009 Case 4:09-cv-00122-JEG-RAW Document 1 Filed 04/03/09 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA MELISSA LEE RENDA DOB: 4/6/1970 Plaintiff, v. JIM ACKLES, MIKE THOMAS, and VICKI GARRETT, individually and in their …
Federal Prisoner Pays $150 filing Fee; Settles $303.10 Suit For $260 by Illinois federal prisoner Marcus Millender brought a federal tort action against the United States in 2000 after prison personnel allowed the fraudulent use of his commissary card, placed him in segregation and transferred him to another prison. The …
Federal Prisoner Beaten For Refusing To Testify Against Another Prisoner by Minnesota federal prisoner Allan Parmelee brought a 42 U.S.C. § 1983 action against federal guards and marshals in 1993 for excessive force and due process violations after being needlessly beaten for allegedly failing to testify against a prisoner. The …
Article • February 15, 2009 • from PLN February, 2009
Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims by Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims A Pennsylvania federal district court appointed counsel to a prisoner in a lawsuit claiming he contracted a serious infection and faced retaliation after filing grievances about his medical condition. …
Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John Dannenberg Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John E. Dannenberg The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court …
Smith v. Beck, NC, 2nd Amended Complaint, Sexual Assault & Retaliation by Prison Superintendent, 2008 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CASE NO. I:08-CV-166-TDS-WWD S. SHANE SMITH, ) ) ) ) Plaintiff, v. ) THEODIS BECK, individually and in his official capacity as Secretary for …
Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation by Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation On April 3, 2008, a federal jury awarded $1,150 to a prison law library clerk in a lawsuit claiming retaliation by a prison librarian. Charles Watkins, a law clerk …
Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matt Clarke On March 18, 2008, Hawaiian First Circuit Court Judge Sabrina S. McKenna awarded a pre-operative transgendered prisoner who had been sexually abused …
Retaliation Claim Not Barred by Heck by The Sixth Circuit Court of Appeals has held a prisoner’s 42 U.S.C. § 1983 action is not barred when a victory for the prisoner “would have at most the potential to decrease his period of detention,” in a case where the prisoner “alleged …
No Sexual Assault Claim Based on Abusive Metal Detector Search by The plaintiff alleged that an officer shoved a hand-held metal detector between his buttocks. He was fully clothed. He was later issued a one-day deprivation order and a misbehavior report for refusing a direct order, violating frisk procedures, and …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Fifth Circuit: Federal Prisoner Loses Retaliation Suit but U.S. Attorney Sanctioned by John Dannenberg by John E. Dannenberg A federal prisoner in Texas sued prison officials for retaliating against him for filing grievances. While the court found for the defendants, it nonetheless sanctioned two Assistant U.S. Attorneys $500 for procedural …
Jury Must Determine Whether Prisoner’s Failure to Exhaust Administrative Remedies was Based on Threats / Retaliation by by David M. Reutter The Seventh Circuit Court of Appeals has held that when there are material facts in dispute about whether prison officials threatened or intimidated a prisoner into not exhausting administrative …
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