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Article • April 15, 2011
6th Circuit: Grievances Enjoy First Amendment Protection by On September 29, 2009, the 6th Circuit vacated a district court ruling dismissing a complaint filed by Michigan prisoner Lynn Pasley. The complaint was filed pursuant to 42 U.S.C. § 1983 alleging constitutional violations against Vera Conerly, a prison employee. Pasley accused …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit by In April 2010, California state prisoner Charles Chatman accepted an offer of judgment from the defendant prison officials he had sued in federal court for allegedly retaliating against him in violation of the First Amendment because he filed …
$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 …
Article • March 15, 2011
$2,000 Settlement in Slander Case; Guard Labeling Prisoner a Snitch by The District of Columbia (DC) paid $2,000 to settle a slander suit filed by prisoner Eric Brown. His complaint alleged that following a February 19, 1998 homicide at the DC Jail, a guard told other guards and prisoners that …
$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 …
D.C. Employee Fired for Delivering Unopened Letter Settles for $30,000 by On March 26, 2004, The District of Columbia paid $30,000 to settle with a Department of Corrections employee who was fired for attempting to have an unopened letter delivered to a prisoner. The suit, filed in the U.S. District …
D.C. Settles Unreasonable Strip Search, Sexual Battery Allegations for $15,750 by On May 11, 2006, the District of Columbia paid $15,750 to settle a lawsuit filed by two prisoners who claimed they were subjected to unreasonable strip searches and sexual battery by guards at the Central Facility in Lorton, Virginia. …
Illinois Supermax Placement Procedures Unconstitutional by David Reutter by David M. Reutter An Illinois federal district court has held that existing Illinois Department of Corrections (IDOC) procedures for placing prisoners at the Tamms Correctional Center (Tamms) are inadequate to protect the liberty interest of IDOC prisoners to avoid confinement at …
Abuse and Assaults Continue at Pennsylvania Jail by David Reutter by David M. Reutter An attorney representing a prisoner who suffered a near-fatal attack by another prisoner at Pennsylvania’s Lackawanna County Prison (LCP) has claimed that the incident demonstrates a pattern of mistreatment by staff at the facility. Prisoner Nicholas …
Seventh Circuit Holds That A Prisoner’s Verbal Complaints About Racist Guards May Be Protected Speech by Retaliation for verbally complaining about a prison guard who hung a noose where prisoners could see it, the Seventh Circuit has held, may constitute an infringement of a prisoner’s First Amendment free speech rights. …
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 …
St. Louis Lockups Violate Constitutional Rights, ACLU Asserts by Mark Wilson A troubling investigative report by the American Civil Liberties Union of Eastern Missouri (ACLU-EM) has exposed a culture of abuse, corruption and cover-ups at the City Justice Center and the Medium Security Institution in St. Louis (CJC/MSI). The most …
California Prison Settles Prisoner’s Excessive Force Suit for $15,000 by On January 28, 2010, California prisoner Garrison S. Johnson, proceeding pro se, signed a settlement agreement to resolve a federal lawsuit he had filed pursuant to 42 U.S.C. § 1983, claiming violations of his civil rights by officials with the …
Article • January 15, 2011 • from PLN January, 2011
Seventh Circuit Holds No Public Interest Requirement in Prisoner’s First Amendment Retaliation Suit for Providing Affidavit to Help Dead Prisoner’s Family by The Seventh Circuit Court of Appeals held that a prisoner who alleges retaliation for free speech is not required to show that the speech engaged in concerned a …
Brief • January 13, 2011
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Article • December 15, 2010 • from PLN December, 2010
Former Utah Prison Guard Ordered to Pay Over $1.4 Million for Raping Prisoner by Derek Gilna U.S. District Court Judge Clark Waddoups, in a February 2010 decision, ordered former Utah State Prison guard Louis Poleate to pay $435,332.50 in compensatory damages and $1 million in punitive damages to prisoner Priscilla …
Controversial Report Criticizes Director of Idaho Parole Commission by Matthew Clarke by Matt Clarke In February 2010, the Idaho legislature’s Office of Performance Evaluations (OPE) released an audit report titled “Increasing Efficiencies in Idaho’s Parole Process.” Among other things, the report critiqued Olivia Craven, Executive Director of the Idaho Commission …
Brief • October 18, 2010
McDaniel v. Marentes, NM, Complaint, Excessive Force, 2010 STATE OF NEW MEXICO SECOND JUDICIAL DISTRICT COURT COUNTY OF BERNALILLO OCT 18 zOiO Shamus MCDANIEL, Plaintiff, V. CV-2010 12 11 8 Albuquerque Police Officer, Joan MARENTES, Defendant. COMPLAINT TO RECOVER DAMAGES FOR DEPRIVATION OF CIVIL RIGHTS JURISDICTION AND VENUE Plaintiff brings …
Pennsylvania Prisoner Awarded $185,000 in Civil Rights Claim; Harassment Continues by David Reutter by David M. Reutter A Pennsylvania federal jury has awarded $185,000 to a prisoner in a civil rights action alleging conspiracy, retaliation, obstruction of access to the courts and defamation of character. Pennsylvania state prisoner Andre Jacobs …
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