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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 …
Retaliation for Prisoner's Political Views States §1983 Claim by Retaliation for Prisoner's Political Views States §1983 Claim New York state prisoner Stanley Sczerbaty filed a 42 U.S.C. §1983 claim alleging that prison officials punished him for his political views by removing him from college classes one week after he filed …
Sexually Harassed Prison Kitchen Worker Awarded $90,000 by On August 20, 2002, the U.S. District Court for the Eastern District of Kentucky awarded $90,000 to a prison kitchen worker who was sexually harassed by a prison captain. The judgment was against her former employer, Kellwell Food Management (KFM). While working …
U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 by U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 On February 25, 2004, the U.S. Supreme Court, in a per curiam decision, resolved a split among U.S. Circuit Courts of Appeal regarding the applicability of Heck v. Humphrey, …
Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings by Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings The U.S. Ninth Circuit Court of Appeals held that a prisoner who checked a box marked "Excessive force by an officer" sufficiently stated a claim for relief in a …
Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
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