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Article • May 15, 2007
Prisoner Fails To Show Retaliation, Deliberate Indifference by The United States District Court for the Northern District of Florida entered summary judgment against a prisoner's § 1983 action alleging deliberate indifference and retaliation by a prison nurse practitioner (N.P.). Walter Pate, a Florida state prisoner, was diagnosed as having HIV, …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate by Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate The U.S. Court of Appeals for the Third Circuit held that prison officials had violated a prisoner's First Amendment rights by disciplining him for writing a letter of complaint …
Retaliation for Prisoner's Complaint is Unconstitutional by The Appeals courts of Massachusetts ruled that retaliation against a prisoner for complaining of prison conditions is unconstitutional and violates the First Amendment guarantee of free speech, provided the prisoner proves the prison officials acted as a result of his complaint. A MA …
$145,000 Verdict in Retaliatory Transfer Case by While at a Michigan prison work camp, prisoner Gerald L. Petrowski committed a major infraction, resulting in transfer to a high security level prison. Petrowski had a preexisting foot deformity that prevented him from wearing regulation prison shoes. At the new prison Petrowski …
Article • May 15, 2007
$1 Verdict in BOP Retaliation Case by While imprisoned at the federal lockdown prison in Marion, Illinois, prisoner Joseph Dougherty began criticizing the conditions of confinement. Prison officials then transferred him and confiscated a $100 postal money order. He filed suit alleging retaliation. A jury entered a verdict on Dougherty's …
VA Muslim Prisoner's Suit Over Retaliation, Clergy, Diet Dismissed by The plaintiff, a member of the Nation of Islam, complained that he was barred from services for two months after a dispute with the chaplain. The exclusion met the Turner standard. At 529: "In a prison setting, avoiding conflict is …
Guard Loses Gender Discrimination Suit by The court holds that a New York State correction officer failed to prove gender discrimination; five incidents of harassment over four years did not establish a hostile work environment. The officer could not pursue a claim of disciplinary action, not raised in the officer's …
Article • May 15, 2007
Suit for Retaliatory Discipline Dismissed by The plaintiff's claim that he was disciplined in violation of due process in retaliation for complaining about a teacher is dismissed absent any evidence of retaliation or that his sanction, 20 days in keeplock, was atypical and significant under Sandin. See: Brooks v. Miles, …
Article • May 15, 2007
Dismissal of $100,000 Verdict Inappropriate For Errors On Delaware Prisoner's Affidavit Of Poverty by Dismissal of $100,000 Verdict Inappropriate For Errors On Delaware Prisoner's Affidavit Of Poverty On August 25, 2004, the U.S. District Court for the District of Delaware declined to dismiss a prisoner's lawsuit for three misrepresentations on …
Article • May 15, 2007
BOP Skin, Retaliation Suit Dismissed by The plaintiff alleged that at a Pennsylvania federal prison he had a skin rash, itching, swelling, and other symptoms and was treated for an allergic reaction; he was told that the Bureau of Prisons would not pay for an allergist or dermatologist and he …
No Immunity for Retaliatory Work Release Discipline by The plaintiff was on work release. He alleged that he had a dispute with an officer, filed a grievance against the officer, who then filed a false disciplinary report against him; the officer was allowed to participate in the hearing and dictated …
Texas Failure to Protect, Retaliation Claims Dismissed by The plaintiff's injunctive and declaratory claims concerning failure to protect him are mooted by his transfer to another prison. At 522: "A plaintiff-prisoner may avoid dismissal of his equitable claims for mootness if he shows 'either a "demonstrated probability" or a "reasonable …
Retaliation for Use of Grievance System Unconstitutional by The court of appeals for the Eleventh circuit held that a district court erred in dismissing an Alabama prisoner's retaliation lawsuit. The court held that a state created liberty interest in remaining at a given prison was not required when the prisoner …
Unconstitutional to Punish Prisoner for Court Access by The court of appeals for the Fifth circuit held that it violates due process for Texas prison officials to punish prisoners who seek access to the courts. In this case, a prisoner was denied commissary privileges by jail officials after he wrote …
Washington DOC Settles Retaliation Suit for $815 by In October of 1999, the State of Washington and the Department of Corrections paid Robert James Miller $551.52 and $264.00 in costs. Miller, a prisoner confined at Airway Heights, Washington, filed a civil suit in 1998 alleging that the State of Washington …
Confiscation of Legal Files Excused Failure to Exhaust by A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies. In 1998, prisoner F. Lee Hinebaugh filed a federal petition …
Shocks the Conscience" Standard Incorrect for First Amendment Claims by Shocks the Conscience" Standard Incorrect for First Amendment Claims Affirming its prior holding in Bell v Johnson, 308 F.3d 594 (6th Cir. 2002), the U.S. Sixth Circuit Court of Appeals held that a district court in Michigan incorrectly granted summary …
Summary Judgment Against Sexually Assaulted Prisoner Denied in Part by The U.S. District Court for the Southern District of Ohio granted in part and denied in part Ohio officials' motion for summary judgment against a prisoner who was sexually assaulted by a guard. While a prisoner at the Ohio Reformatory …
Connecticut Prisoner's Suit Reopened by The U.S. District Court for the District of Connecticut, citing Federal Rule of Civil Procedure (Fed.R.Civ.Proc.) 60(b)(6), held that a Connecticut state prisoner could reopen his federal civil rights suit that had been previously dismissed. Stephen Smith, a prisoner in custody of the Connecticut Department …
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