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Article • May 15, 2012
California Settles Prisoner's Excessive-Use-of-Force Suit for $5,000 by Michael D. Fulton, a former California state prisoner, filed a federal civil rights action pursuant to 42 U.S.C. § 1983 after he allegedly was assaulted by Guard E. Jensen on December 1, 2004, while he was handcuffed and being transferred between housing …
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 …
Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit by A Tennessee federal court denied prison officials summary judgment for non-exhaustion under the Prison Litigation Reform Act, finding that they failed to satisfy their burden of proving non-exhaustion. James Ingram was a prisoner 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 …
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 …
$55,000 Settlement in DC Jail Prisoner’s Confinement Conditions Suit by The District of Columbia (DC) paid $55,000 to settle prisoner Lawrence Caldwell’s lawsuit that asserted various unconstitutional conditions at the DC Jail. In a clear, detailed pro se complaint, Caldwell outlines numerous conditional factors that violate his constitutional rights. He …
$2,500 in D.C. Prisoner’s Eighth Amendment Suit by The District of Columbia (D.C.) paid $2,500 to settle an Eighth Amendment lawsuit filed by prisoner Cornell Barber. Barber was at D.C.’s Central Facility in Lorton, Virginia in March, 2001. On March 1, Cornell received a hemorrhoidectemy to remove hemorrhoids from his …
Article • February 15, 2011 • from PLN February, 2011
9th Circuit: Prisoner Need Not Succumb to Threats in Order to Prevail on First Amendment Retaliation Claim by Michael Brodheim The Ninth Circuit has ruled that a prisoner threatened with retaliation for filing grievances may prevail on a claim of First Amendment retaliation even when the threat is non-specific and …
DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal by The U.S. Court of Appeals for the District of Columbia (DC) Circuit reversed a district court’s dismissal of a prisoner’s lawsuit for failure to exhaust administrative remedies and for conceding summary judgment by failing to respond to the defendants’ summary judgment motion. The …
The History of Prison Legal News by Paul Wright In May 1990, the first issue of Prisoners’ Legal News (PLN) was published. It was hand-typed, photocopied and ten pages long. The first issue was mailed to 75 potential subscribers. Its budget was $50. The first 3 issues were banned in …
Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur by John E Dannenberg by John E. Dannenberg A pro se Pennsylvania state prisoner won a jury verdict of $5,000 in compensatory damages plus $100,000 in punitive damages against a prison official who openly and repeatedly retaliated against him after he …
Class Certification Granted to Illinois Prisoners In Retaliation Lawsuit by A federal district court in Illinois has granted class certification to a group of prisoners. The plaintiffs are current and former Illinois Department of Corrections (IDOC) prisoners housed in the maximum security unit at Tamms Correctional Center (TCC). The lawsuit …
Beating Of Ex Federal Prisoner And Snitch Settles For $300,000 by Ex federal prisoner Mark Lang petitioned for a writ of habeas corpus in 1993 and filed subsequent tort action in 1995 for redress after prison officials put him in a cell with a psychiatric patient who severely beat him. …
Federal Prisoner Pays $150 filing Fee; Settles $303.10 Suit For $260 by Illinois federal prisoner Marcus Millender brought a federal tort action against the United States in 2000 after prison personnel allowed the fraudulent use of his commissary card, placed him in segregation and transferred him to another prison. The …
Little State, Big Problems: Maine’s Prison Crisis Continues Unabated by Lance Tapley Little State, Big Problems: Maine?s Prison Crisis Continues Unabated by Lance Tapley Only big prison systems mistreat prisoners, right? Only prison systems where racism, right-wing tough-on-crime attitudes, or prison-industrial-complex power have full reign, like in California or Texas, …
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 …
Article • May 15, 2007
Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge by Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge On May 7, 2004 the U.S. Fifth Circuit Court of Appeals held that religious accommodations provided by the Texas Department of Criminal Justice (TDCJ) were constitutional and that the …
Article • May 15, 2007
District Court Reversed; Failure to Allow Amendment Abuse of Discretion by The U.S. Tenth Circuit Court of Appeals reversed the U.S. District Court, Colorado, holding that the district court's refusal to permit a Colorado state prisoner to amend his complaint was an abuse of discretion and, moreover, the complaint stated …
Retaliatory Transfer for Assisting Prisoners with Litigation States Claim by The Court of Appeals for the Ninth Circuit held that a California prisoner stated a claim of retaliation that should not have been dismissed on the lower court's summary order before process was served on the defendants. The plaintiff alleged …
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