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More Settlements and Verdicts in New Hampshire False Disciplinary Charge Case by A federal jury in New Hampshire has awarded a total of $150,000 to two former prisoners in the continuing saga of false disciplinary charges by a guard at the Hillsborough County Jail. These cases stem from the actions …
Washington DOC Pays $1,200 in Retaliation Suit by On August 2, 1999, Leonard Richardson was paid $1,200 by the State of Washington and the Department of Corrections. In July of 1995, Richardson was confined at the McNeil Island Corrections Center in Steilacoom, Washington. While there at MICC, Richardson filed several …
Prisoner Stated Claim Due Process, Conditions Of Confinement Suit by The U.S. Court of Appeals for the Fifth Circuit held that a Montgomery County, Texas, jail prisoner's pro se §1983 action alleging Eighth and Fourteenth Amendment violations stemming from his confinement in solitary and the conditions thereof stated a claim. …
Adequate Facts Must be Stated in 1983 Legal Mail Claim by The Eighth Circuit Court of Appeals affirmed a District Court's order dismissing a Missouri prisoner's 42.U.S.C §1983 action alleging retaliation and requiring him to open legal mail in front of prison officials, and the grant of summary judgment on …
Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process by Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process A Federal District Court in Illinois has found a pretrial detainee's rights were violated when he was placed in segregation for nearly three years without a hearing …
$3,300 Paid in False Sexual Conduct Claim by WA DOC Officials by James J. Koop filed a claim with the Washington Office of Risk Management alleging he had been placed in confinement at the Clallam Bay Correctional Center for pressuring other prisoner's for sex. Subsequently, he received a letter from …
Some Evidence Required In "Some Evidence" Standard by Bob Williams Some Evidence Required In "Some Evidence" Standard by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a prison disciplinary conviction for failure to meet the some evidence" standard. New Mexico state prisoner Peter Aquiar …
Seven-Day Bread Diet States Eighth Amendment Claim; Dismissal Vacated by The U.S. Second Circuit Court of Appeals, vacating in part a dismissal by the U.S. District Court for the Western District of New York, held that a state prisoner's complaint that his Eighth Amendment rights were violated when he was …
Defense Verdict in Illinois Brutality, Cold Case Upheld by The plaintiff alleged that officers confined him in a cell with a broken window in subzero weather, used excessive force against him, and made false statements leading to wrongful disciplinary action. A jury found for the defendants. The verdict as to …
$1,500 Paid in False WA DOC Disciplinary Action by Thomas B. Armstrong III, a telemarketer clerk at Washington State Penitentiary, was accused of losing a wrench and consequently was given a disciplinary report and placed in segregation. Two weeks later, he was released from segregation and the charges were dropped. …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
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 …
Balisok Doesn't Bar Excessive Force Claims by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's complaint of excessive force and denial of procedural due process while ruling that reversal of his prison disciplinary convictions was not a prerequisite to relief. Robert …
No Immunity In Denial Of Presence During Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the US District Court did not properly address the qualified immunity defense of Department Of Corrections (DOC) officials. A prisoner at the Green Haven Correctional Facility in New York …
WA Prisoner Gets Major Infractions Expunged And Good Time Restored After Filing PRP by The Washington State Court of Appeals, Division 3., dismissed the Personal Restraint Petition (PRP), of Waldo E. Waldron-Ramsey, after the Washington Department of Corrections (WDOC), expunged the infraction's he had been found guilty of, and restored …
$51,050 Paid in WA Retaliation Claim by Mark Wayne Clark had previously prevailed in a retaliation lawsuit against Sgt. Patrick O'Conner while at the Washington State Penitentiary when he was placed in O'Conner's unit at the prison. Shortly thereafter, O'Conner began harassing Clark and instituted disciplinary proceedings stating Clark had …
Notice of Rules Required Before Infraction by The court of appeals for the Fifth circuit held that two federal prisoners in Texas were denied due process when they were disciplined for violating a non existent prison rule. The court also required that the lowers court determine if the defendants had …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
No Supervisory Liability for Forwarding Complaint to Investigator by The plaintiff alleged that he was beaten and then retaliated against for complaining with a further assault and a false misbehavior report. The Commissioner cannot be held liable because he was not personally involved. Although the plaintiff sent him letters, it …
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