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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 …
Fifth Circuit Misstates Retaliation Standard by Prisoners claiming retaliation must allege "(1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation." The plaintiff alleged retaliation for his filing of grievances …
Eighth Circuit Upholds Dismissal of Discrimination/Retaliation Suit by The Eighth Circuit Court of Appeals upheld dismissal of a Nebraska prisoner’s employment discrimination and retaliation action. Kamal Al-Zubaidy, an Iraqi Shiite Muslim confined in the Nebraska State Penitentiary, (NSP), was employed in a die shop operated by TEK Industries (TEK), a …
First Amendment Protects Sex Discrimination Complaint Against State Police by The plaintiff, who runs an automobile towing company, said that a Highway Patrol official retaliated against her by removing her from the Patrol's towing referral list because she had filed a sex discrimination complaint with a state agency. At 770-71: …
Prisoner’s Oral Complaints Worthy of First Amendment Protection; by Prisoner's Oral Complaints Worthy of First Amendment Protection;  $1 in Damages and $1.50 in Fees Awarded The Seventh Circuit Court of Appeals has held that a prisoner's oral complaints about matters of "public concern" that are designed to "urge a change …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Texas Jail Pays $200,000 to Settle Rape/Suicide Suit by Val Verde County, Texas and its contract Del Rio jail operator, GEO Group, Inc., agreed in March 2007 to pay $200,000 to the surviving family of a 23-year-old woman prisoner who, upon becoming depressed after being raped in the jail, hung …
20 Florida Prison Officials Fired or Suspended After Prisoner Beating, Party by David Reutter by David M. Reutter Continuing his quest to clean up the chronically corrupt Florida Department of Corrections (FDOC), Secretary James McDonough fired or suspended at least 20 officials at Hendry Correctional Institution (HCI) for actions related …
Brooks et al v. Napoli et al, NY, Complaint, 2007 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 1 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 2 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 3 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 4 of 26 …
Article • June 15, 2007 • from PLN June, 2007
Fifth Circuit Remands Texas Prisoner’s Retaliation Claim, Adopts De Minimis Standard by Michael Rigby Fifth Circuit Remands Texas Prisoner's Retaliation Claim, Adopts De Minimis Standard by Michael Rigby The U.S. Fifth Circuit Court of Appeals held that prisoners must allege more than de minimis retaliatory acts to support retaliation claims …
Dismissal of Retaliation Claim Reversed by The Seventh U.S. Circuit Court of Appeals reversed the dismissal by the U.S. District Court for the Western District of Wisconsin of a prisoner's retaliation claim. Tony Walker, a Wisconsin prisoner, sued prison officials under 42 U.S.C. §1983 claiming that officials conspired to retaliate …
Washington DOC Pays $1,200 in Retaliation Suit by On August 2, 1999, Leonard Richardson was paid $1,200 by the State of Washington and the Department of Corrections. In July of 1995, Richardson was confined at the McNeil Island Corrections Center in Steilacoom, Washington. While there at MICC, Richardson filed several …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances by Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's claim that his civil rights were violated when prison officials placed …
Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release by Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release The Seventh Circuit Court of Appeals held a Wisconsin ex-prisoner, who filed his suit while incarcerated, must exhaust all administrative remedies …
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