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More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Article • August 15, 2008
Retaliatory Discipline Suit Dismissed by The plaintiff alleged that he was disciplined and transferred in retaliation for conduct protected by the First Amendment. The defendants are granted summary judgment based on uncontroverted affidavits that they were not personally involved. The correction officer who issued the allegedly false misbehavior report was …
Article • August 15, 2008
Parolee Subject to Prison Rules Prior to Release by Complaints about fire code violations in a facility operated under contract with the state raised at most an issue of negligence on the part of the city where the facility was located, since the claim turned on their alleged failure to …
Prisoner’s Oral Complaints Worthy of First Amendment Protection; by Prisoner's Oral Complaints Worthy of First Amendment Protection;  $1 in Damages and $1.50 in Fees Awarded The Seventh Circuit Court of Appeals has held that a prisoner's oral complaints about matters of "public concern" that are designed to "urge a change …
False Positive - Phoenix New Times article on retaliation at Sheriff Arpaio's jail by Robert Nelson False Positive Is Joe Arpaio up to his same old dirty tricks? This time, a man's life may be at stake. By Robert Nelson Published: February 19, 2004 Jim Cozzolino wasn't afraid of serving …
Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim by In an unpublished opinion the Fifth Circuit Court of Appeals reversed a lower court's dismissal, for failure to state a claim, of a prisoner's retaliation suit against one prison official, but upheld the dismissal of claims …
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 …
U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 by U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 On February 25, 2004, the U.S. Supreme Court, in a per curiam decision, resolved a split among U.S. Circuit Courts of Appeal regarding the applicability of Heck v. Humphrey, …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
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 …
Segregation for Complaining about Jail Conditions Struck Down by Segregation for Complaining About Jail Conditions Struck Down The court of appeals for the Third circuit held that it is unconstitutional to place a jail prisoner in segregation, without a hearing, in retaliation for the prisoner complaining about conditions to the …
Article • May 15, 2007
Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard by Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard In a peculiar and narrow application of a 1994 Supreme Court ruling, the Sixth Circuit affirmed a district court's denial of §1983 relief to a prisoner who was assaulted …
Shocks the Conscience" Standard Incorrect for First Amendment Claims by Shocks the Conscience" Standard Incorrect for First Amendment Claims Affirming its prior holding in Bell v Johnson, 308 F.3d 594 (6th Cir. 2002), the U.S. Sixth Circuit Court of Appeals held that a district court in Michigan incorrectly granted summary …
Sixth Circuit Vacates Dismissal of § 1983 Suit by Sixth Circuit Vacates Dismissal of § 1983 Suit The Sixth Circuit Court of Appeals, in an unpublished opinion, has vacated and remanded a Michigan District Court's grant of summary judgment to prison officials on grounds that the prisoner-plaintiff failed to exhaust …
No Preliminary Inunction for Firing of Prisoner Law Clerks by The First Circuit Court of Appeals affirmed a Massachusetts federal district court's order denying prisoners at MCI-Cedar Junction a preliminary injunction seeking to reinstate them to their law clerk positions at the prison. The prisoners argued they were terminated in …
$9,000 Paid in WA Retaliation Suit by Airway Heights Correction Center prisoners Derek E. Gronquist and Donald H. Turpin filed a 42 U.S.C. § 1983 in the Eastern District of Washington federal court. The Complaint alleged they were subjected to retaliatory disciplinary action resulting from lawsuits they filed upon the …
Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion by Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion A New York federal district Court denied prison official's motion to dismiss a prisoner's 42 U.S.C. §1983 complaint alleging retaliation assisting another prisoner with a grievance. The prisoner was …
Retaliation Claim Doesn't Require Exhaustion by A complaint of individualized retaliatory action is not a prison conditions claim requiring exhaustion of administrative remedies. At 185: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, …
Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition by Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition The plaintiff prepared a petition alleging abusive conduct by a correction officer. He was subsequently disciplined after searches of his cell and work area turned up articles …
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