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Retaliation for Cooperating with State IG Illegal by The court of appeals for the Second circuit held that a district court erred when it dismissed a New York prisoner's retaliation lawsuit. Plaintiff claimed that prison officials retaliated against him by filing false disciplinary charges after he cooperated with the state …
Article • May 15, 2007
Grievance Retaliation Unconstitutional by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that he was retaliated against for using the prison grievance system. Such retaliation is unconstitutional. The case was remanded for further proceedings. See: Wildberger v. Bracknell, 869 F.2d 1467 …
Retaliation for Filing Grievances Violates First Amendment by The court of appeals for the Sixth circuit held that an injunction against Tennessee prison officials was improper, but that retaliation against prisoners who were fired from their jobs as disciplinary hearing advisers after they filed grievances against the prison hearing officer …
Article • May 15, 2007
Grievance Retaliation Unlawful by The court of appeals for the Eighth circuit reversed the dismissal of an Iowa state prisoner's lawsuit claiming he was infracted for filing a grievance that prison officials claimed contained incorrect information. The court held that the content of administrative grievances is protected by the First …
Right to Complain Clearly Established by The court of appeals for the Sixth circuit affirmed a district court ruling that an Ohio prisoner's First amendment rights were violated when he was infracted and punished for sending a petition signed by other prisoners complaining of guard harassment to the warden. The …
Article • May 15, 2007
Snitch-jacketing States Retaliation Claim by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that prison officials had retaliated against him for filing lawsuits by falsely labeling him a snitch. The snitch jacketing exposed him to harm by other prisoners. District court …
Sixth Circuit Reverses Dismissal of Prisoner's Retaliation Claim by The Sixth Circuit Court of Appeals partly vacated a U.S. District Court's dismissal of a state prisoner's retaliation claims against the Michigan Department of Corrections (MDOC). MDOC prisoner Rick Manning sued various MDOC and State Police officials under 42 U.S.C. §§1983, …
Divided Tenth Circuit Panel Reverses Jail Prisoner's Dismissed Claims by In a decision producing three separate opinions, a panel of the U.S. Tenth Circuit Court of Appeals has partly reversed a Kansas Federal District Court decision dismissing a former prisoner's claims against the Wyandotte County [Kansas] Jail. Wesley I. Purkey …
Retaliation for Litigation, Grievances States Claim by A New York federal district court held the prisoner in this civil rights action stated a claim for retaliation and failure to provide adequate medical care. This action was filed by a New York prisoner transferred from the Elmira Correctional Facility to the …
Article • May 15, 2007
Dismissed §1983 First Amendment Claim Vacated and Remanded in Part by Dismissed §1983 First Amendment Claim Vacated and Remanded in Part The U.S. Seventh Circuit Court of Appeals vacated and remanded part of an Illinois prisoner's 42 U.S.C. §1983 suit, which an Illinois federal district court had dismissed for failure …
Dismissal of Prisoner's Access to Courts, Due Process Claims Erroneous by The U.S Court of Appeals for the Eleventh Circuit held that a U.S. District Court improperly dismissed a prisoner's pro se federal civil rights action. Plaintiff, a Georgia state prisoner, brought federal civil rights action against prison officials alleging …
Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed by Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed The U.S. Sixth Circuit Court of Appeals reversed the U.S. District Court, Northern District of Ohio, in a claim of retaliation made by a Buddhist prisoner against officials of the North …
Prisoner Not Retaliated Against, Whistleblower Claim Not Allowed by The U.S. Sixth Circuit Court of Appeals held that a Michigan state prisoner did not present sufficient evidence of retaliation to survive summary judgment, and refused to consider the prisoner's claim of whistleblower protection presented for the first time on appeal. …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Retaliation Claim Does Not Precede Exhaustion of State Administrative Remedies by The U.S. Second Circuit Court of Appeals on remand from the U.S. Supreme Court determined that a prisoner's retaliation claim was required to be preceded by exhaustion of state administrative remedies. Robert Lawrence, a prisoner at Otisville State Prison …
Article • May 15, 2007
Massachusetts Prisoner Sufficiently Alleges Violations Of State Civil Rights Act by Massachusetts Prisoner Sufficiently Alleges Violations Of State Civil Rights Act The Appeals Court of Massachusetts, Suffolk, held that a prisoner sufficiently alleged violations of the state constitution by prison officials but lacked standing to pursue a federal civil rights …
Article • May 15, 2007
Prisoner's Dismissed § 1983 Complaint Reversed in Part by Prisoner's Dismissed § 1983 Complaint Reversed in Part The U.S. Ninth Circuit Court of Appeals reversed in part a California state prisoner's 42 U.S.C. § 1983 complaint dismissed by a federal district court. California prisoner Alvin Ronnel Ross sued state prison …
Dismissal for Failure of Service Reversed; District Court Abused Discretion by The U.S. Sixth Circuit Court of Appeals reversed and remanded a federal district court's dismissal of a Michigan prisoner's 42 U.S.C. § 1983 suit for failure of timely service, holding that the state, not the prisoner, was responsible for …
Article • May 15, 2007
Conspiracy to Retaliate Against Jailhouse Lawyer Claim Stated; Equal Protection Claim Stated for Lifer Discrimination by An Iowa Federal District Court held a prisoner at the Anamosa State Penitentiary pled claims of retaliation and denial of equal protection for his "lifer" status that are sufficient to defeat dismissal. The prisoner …
Federal Prisoner's Retaliation and Pain Suit Reinstated by John Dasta, a federal prisoner in Minnesota, sued prison administrators and a guard in federal district court, claiming they were deliberately indifferent to his painful back condition, and that they retaliated against him for filing grievances, in violation of the 8th Amendment …
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