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Retaliatory Discipline Violates Due Process by A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and …
Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
Retaliatory Infraction States Claim by An Illinois district court has reaffirmed that prisoners retain a first amendment right to complain about prison conditions without fear of being subjected to retaliation by prison officials. Selma Geder, an Illinois state prisoner, filed numerous administrative grievances complaining about prison conditions. In retaliation for …
Retaliatory Infractions Illegal by Prison employees are forbidden from filing false disciplinary charges against prisoners in retaliation for prisoner complaints against other employees. Milton Payne, a New York state prisoner, witnessed a prison guard set a fire in a cell and reported this to prison authorities. Shortly thereafter prison guards …
Retaliatory Threats Illegal by Leon Burgess is a Missouri state prisoner. Burgess disrupted a prison disciplinary hearing and guards responded by holding him down, while he was handcuffed, as another guard tried to force a towel into his mouth. When that failed the guard wrapped the towel around Burgess neck …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
Retaliatory Infraction Illegal by Donald Dixon is a Missouri state prisoner. He filed suit under 42 U.S. C. § 1983 after a prison guard filed a retaliatory disciplinary charge against him after he filed a grievance. The district court granted summary judgment in favor of the guard because the disciplinary …
Retaliation for Grievances Illegal by Gary Hines is a California state prisoner. Hines filed suit claiming that prison guards had broken his television set in retaliation for administrative grievances he had filed against them. After filing a grievance against the guards who allegedly broke his television, another guard infracted him …
Failure to Treat Teeth States Claim by Mark Kinney is a Missouri state prisoner. Kinney went to the prison dentist, Dr. Kalfus, for removal of a tooth that was chipped and decayed, to have a cavity filled and for treatment of gum disease. Kalfus pulled the wrong tooth and acknowledged …
Retaliation Case Dismissal Reversed by Muriel Black is an Illinois state prisoner. In 1984 he filed suit under § 1983 claiming that prison officials had violated his constitutional rights by filing false disciplinary charges against him, harassing him, etc., after he complained of racial discrimination at the prison. In 1985 …
Perotti Needs Help by John Perotti John Perotti, Mansfield, OH On August 7, 1992, MANCI prisoncrats Bill Rachael (unit manager), Terry Knight (SHP Investigator), Mr. Fleming (SHP) and Capt. Jackson and Sgt. Harrell called a prisoner named Jerome Evans to their office and made a deal that if he set …
Confiscation of Legal Papers States Claim by Charles Brownlee, a Wisconsin pretrial detainee filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, after jail officials confiscated legal documents relevant to a law suit he had filed. That suit claimed he'd been denied access to a dentist for treatment …
Beating Violates Eighth Amendment by Alfred Flowers is a Louisiana state prisoner who was handcuffed and shackled after a disciplinary hearing, then beaten and kicked by three prison guards without provocation. Flowers suffered a sprained ankle, small abrasions and limited movement range of his limbs as a result of the …
Prisoner Entitled to Discover Identity of Attackers by Prisoner Entitled To Discover Identity Of Attackers Chris Murphy filed a 1983 suit claiming that while he was imprisoned in the Harris County Jail, in Texas, he was beaten and attacked by jail guards in retaliation for having complained of jail conditions. …
Prisoners and the Grievance System by Prisoners And The Grievance System By Paul Wright The Washington Department of Corrections (DOC) and many others have grievance systems to resolve complaints within the prison system rather than going to court to settle them. Many prisoners are skeptical of the grievance system as …
Summary Judgment on Retaliation by Summary Judgment On Retaliation The prisoner's appearance in court was a protected activity, and prison disciplinary action, taken immediately upon his return from court, provided circumstantial evidenced that prison officials retaliated against him for the exercise of his right of access to the courts. The …
Prisoner Advisors Reinstated by A warden's refusal to reappoint four inmates to their positions as inmate legal advisors has been overturned by a federal appeals court. The inmates sued, alleging that the warden had refused to reappoint them because they criticized the performance of the chairman of the disciplinary board. …
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