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Illinois DOC Control Unit Case Certified as Class Action by An Illinois federal court certified a suit related to prisoner confinement in an Illinois Department of Corrections (IDOC) maximum security unit as a class action. Thirty-two past and present prisoners of the Tamms Correctional Center (Tamms) maximum security unit brought …
Tennessee CCA Warden Denied Summary Judgment for Excessive Force by A Tennessee federal court denied a private prison warden summary judgment on an excessive force claim for assaulting a handcuffed prisoner. James Ingram was a prisoner at the Hardeman County Correctional Facility (HCCF) in Tennessee, which is operated by Corrections …
Folsom Prison Officials Settle Prisoner Retaliation Suit for $325 by In May 2009, Folsom Prison officials agreed to a settlement of a federal suit filed by prisoner Norman Gregory, alleging that in 2004 they had engaged in a series of retaliatory actions against Gregory. The suit settled for $325 with …
Colorado Prison Murder Prosecutions Include Coerced Witnesses, Withholding of Evidence by In January 2011, a Powers County, Colorado jury acquitted a prisoner who was charged in the stabbing death of another prisoner. Prior to trial, prison officials were accused of using coercion to persuade prisoners to testify for the prosecution, …
BOP Fails to Prove Non-Exhaustion Following Pavey Hearing by Mark Wilson On June 7, 2011, an Illinois U.S. District Court held that federal prison officials had failed to satisfy their burden of proving a prisoner did not exhaust administrative remedies before bringing suit. Chad Alan Hicks was confined at the …
Article • November 15, 2011 • from PLN November, 2011
“Public Concern” Test Does Not Apply to Prisoner Retaliation Claims; Speech Must be Consistent with Status as a Prisoner by Brandon Sample The “public concern” test does not apply to prisoner claims of retaliation, the U.S. Court of Appeals for the Seventh Circuit held on March 31, 2010. Nonetheless, to …
Florida Prisoner’s Retaliation Claim Reinstated by The Eleventh Circuit Court of Appeals reversed the dismissal of a Florida prisoner’s civil rights action alleging retaliation and due process violations. The Florida federal district court dismissed the action during the initial screening state, finding that prisoner Glenn Smith failed to state a …
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
"Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner by Brandon Sample "Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner By Brandon Sample The "public concern" test does not …
Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit by Matthew Clarke by Matt Clarke On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a …
D.C. Settles Sexual Harassment and Retaliation Suit for $3,000 by On June 5, 2002, the District of Columbia agreed to settle a suit brought by a prisoner who was allegedly sexually harassed and then was retaliated against after reporting the harassment. Wallace Mitchell alleged that on or about December 27, …
California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit by In April 2010, California state prisoner Charles Chatman accepted an offer of judgment from the defendant prison officials he had sued in federal court for allegedly retaliating against him in violation of the First Amendment because he filed …
Seventh Circuit Holds That A Prisoner’s Verbal Complaints About Racist Guards May Be Protected Speech by Retaliation for verbally complaining about a prison guard who hung a noose where prisoners could see it, the Seventh Circuit has held, may constitute an infringement of a prisoner’s First Amendment free speech rights. …
Eighth Circuit Upholds $2,501 Retaliation Judgment Against Arkansas Prison Guard by The U.S. Court of Appeals for the Eighth Circuit has affirmed a $2,501 award to an Arkansas state prisoner who was subjected to retaliation by an Arkansas Department of Correction (ADC) guard. On June 23, 2007, ADC prisoner Walter …
Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath by On April 13, 2009, U.S. District Court Judge Harry F. Barnes adopted a magistrate’s report and recommendation that found an Arkansas prisoner should be awarded $625 after being punished for refusing to work on the Sabbath. …
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 …
Personal Restraint Petition Remanded to DOC in Washington State by On October 27, 2008, a Washington State Court of Appeals filed an unpublished opinion in the matter of a personal restraint petition filed by prisoner Toby Joseph Masse challenging punishment imposed pursuant to a prison disciplinary hearing. Having received a …
Court Denies Michigan Prison Officials Summary Judgment In Discrimination Suit by David M. Lawson, U.S. District Judge, has denied summary judgment to Michigan prison officials in a suit alleging racial discrimination in the termination of a visit by an interracial couple. Gordon Butter, a black prisoner in the Michigan Department …
$15,000 Settlement For BOP's Abuse, Conspiracy Against Government Informant by Colorado federal prisoner and government informant, David Merritt, brought a federal tort action against the United States in 1999 after federal guards and officials at the Florence Supermax (ADX) facility conspired to have him killed, violated his constitutional rights and …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
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