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Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
Article • May 15, 2007
No Due Process Hearing Needed In Prison Transfer by The Supreme Court ruled that a prisoner had no Constitutional right to remain at any particular prison. The case stems from a suit filed by a New York prisoner who was fired from his job as a law library clerk and …
Retaliatory Harassment and Transfer of Law Clerk Nets $2,100 Award by A federal district court in Tennessee, after a bench trial, held that the Warden at Tennessee State Prison (TSP) violated a prisoner's right to access to the courts for taking retaliatory action against the prisoner. After the prisoner helped …
$145,000 Verdict in Retaliatory Transfer Case by While at a Michigan prison work camp, prisoner Gerald L. Petrowski committed a major infraction, resulting in transfer to a high security level prison. Petrowski had a preexisting foot deformity that prevented him from wearing regulation prison shoes. At the new prison Petrowski …
$250,500 Verdict in Illinois Retaliation Claim by In February 1988, James Fergueson was a prisoner at Illinois' Menard Correctional Center when he had an argument with Mary Flannigan, the director of the Menard Psychiatric Center. Fergueson was upset that he had been transferred to Graham Corrections Center and back to …
Article • May 15, 2007
$1 Verdict in BOP Retaliation Case by While imprisoned at the federal lockdown prison in Marion, Illinois, prisoner Joseph Dougherty began criticizing the conditions of confinement. Prison officials then transferred him and confiscated a $100 postal money order. He filed suit alleging retaliation. A jury entered a verdict on Dougherty's …
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 …
Article • May 15, 2007
Retaliatory Transfer States Claim by The court of appeals for the Fifth circuit held that a lower court erred in dismissing a Florida prisoner's civil rights suit that he was transferred to a higher security prison in retaliation for filing lawsuits and challenging his criminal conviction in court. Case was …
Article • May 15, 2007
BOP Must Follow its own Rules by BOP Must Follow its Own Rules The court of appeals for the Eighth circuit held that a Missouri BOP prisoner was entitled to expect the BOP to follow its own policies. Federal prisoners can seek relief from such failures where constitutional rights are …
Connecticut Prisoner's Suit Reopened by The U.S. District Court for the District of Connecticut, citing Federal Rule of Civil Procedure (Fed.R.Civ.Proc.) 60(b)(6), held that a Connecticut state prisoner could reopen his federal civil rights suit that had been previously dismissed. Stephen Smith, a prisoner in custody of the Connecticut Department …
Retaliatory Transfer for Seeking Creation of Law Library Unconstitutional by The Court of Appeals for the Seventh Circuit reversed an Indiana district court's order dismissing a prisoner's § 1983 action alleging alternative theories of retaliation to justify his transfer. The appellate court found that all of the theories might be …
Article • May 15, 2007
First Amendment Protects Prisoners' Negative Statements About Prisons by Robert Gandy is a prisoner in the Colorado Department of Corrections (DOC). He wrote a letter to Home Depot, a mail-order supplier of DOC prisoners, about a DOC policy that he thought would illegally impinge on Home Depot's business. Guards opened …
Exhaustion Required for Retaliatory Transfer Claim by The plaintiff complained that after he won a lawsuit for the denial of a liver transplant, he became the object of a blitz of disciplinary reports and was then transferred to a maximum security prison. The district court dismissed for nonexhaustion. The court …
Retaliatory Transfer, Arm Smashing by Guards, Denial of Care State Claim by The plaintiff complained that an officer intentionally smashed his hand and arm in the food slot in his cell door, and then denied him medical care. He recounted a second incident of the same nature, plus additional incidents …
7th Circuit Reverses SJ Retaliatory Transfer Claims by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials on due process and retaliatory transfer claims. The Illinois Department of Corrections (IDOC) operates the Tamms Correctional Center (Tamms). It is the highest security IDOC …
Religious Retaliatory Transfers Unconstitutional by The court of appeals for the Ninth circuit held that Alaska prisoners did not state a claim for relief that they were involuntarily transferred to out of state prisons. This occurred at a time when Alaska had no state prisons of its own, therefore felons …
Retaliatory Transfer Illegal; No Right to Operate Business by The court of appeals for the Eighth circuit held that Iowa prisoners had no constitutional right to operate a leather goods business in prison nor to associate with other prisoners to operate such a business. The court held the district court …
Article • May 15, 2007
Retaliatory Transfer Standard Explained by The court of appeals for the First circuit held that a Massachusetts prisoner had stated a valid retaliation claim that he was transferred to a different prison after filing lawsuits against prison officials. The court held that a chronology of events from which retaliation can …
Retaliatory Transfer Illegal by A federal district court in New Hampshire held that New Hampshire prisoners have no state created liberty interest in avoiding transfers to federal custody. However, such transfers violate the First amendment if done in retaliation for the prisoner's exercise of the right to court access. The …
Retaliation Claims Have Three Part Test by The court of appeals for the Eleventh circuit held that jailhouse lawyers do not have a constitutionally protected right to be law clerks or be at a specific prison; prisoners' assistance to others in legal matters and in writing the media complaining about …
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