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Retaliation Claim Not Barred by Heck by The Sixth Circuit Court of Appeals has held a prisoner’s 42 U.S.C. § 1983 action is not barred when a victory for the prisoner “would have at most the potential to decrease his period of detention,” in a case where the prisoner “alleged …
No Sexual Assault Claim Based on Abusive Metal Detector Search by The plaintiff alleged that an officer shoved a hand-held metal detector between his buttocks. He was fully clothed. He was later issued a one-day deprivation order and a misbehavior report for refusing a direct order, violating frisk procedures, and …
Firing of Work Release Intern for TV Interview Upheld by A student intern was terminated from her position at a halfway house for sex offenders for giving a television interview in which she criticized a proposed policy change. Her interest in free speech was outweighed by the state's interest in …
Retaliation for Frivolous Litigation Okay by The plaintiff had three prior dismissals, disqualifying him from IFP status. The court directs that he pay the entire filing fee even though his complaint is dismissed as frivolous and IFP status is denied. An allegation of confinement to segregation or deprivation of minor …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Article • August 15, 2008
Retaliation Against Chaplain for Trying to Educate Prisoner Upheld by The plaintiff, a prison chaplain, tried to arrange literacy training for a "circuit rider," a prisoner kept permanently in segregation and frequently transferred. The warden refused to let him do it, suggesting an educator would be a more appropriate choice. …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
Oregon DOC Food Manager Takes Over $1 Million in Bribes, Feeds Prisoners “Distressed” Food by Mark Wilson During a 2002 interview, Oregon Department of Corrections (ODOC) Food Services Administrator Farhad “Fred” Monem, 49, shook his head in disgust as he criticized government employees who feel a sense of entitlement. “People …
Phoenix New Times Executives Arrested for Reporting About Sheriff Joe Arpaio by Matthew T. Clarke by Matt Clarke On the night of October 18, 2007, Michael Lacey and Jim Larkin, founders and owners of the Phoenix New Times, an independent weekly publication in Phoenix, Arizona, were arrested and charged with …
Fifth Circuit: Federal Prisoner Loses Retaliation Suit but U.S. Attorney Sanctioned by John Dannenberg by John E. Dannenberg A federal prisoner in Texas sued prison officials for retaliating against him for filing grievances. While the court found for the defendants, it nonetheless sanctioned two Assistant U.S. Attorneys $500 for procedural …
National Council of Juvenile and Family Court Judges to Pay for Grant Fraud by On March 10, 2008, the National Council of Juvenile and Family Court Judges (NCJFCJ) agreed to settle a grant fraud case for $300,000. After being promoted to Special Projects Manager of the NCJFCJ, Serena Hulbert requested …
Jury Must Determine Whether Prisoner’s Failure to Exhaust Administrative Remedies was Based on Threats / Retaliation by by David M. Reutter The Seventh Circuit Court of Appeals has held that when there are material facts in dispute about whether prison officials threatened or intimidated a prisoner into not exhausting administrative …
City Liable for Retaliation Against Cop Whistleblower and Code of Silence by The plaintiff police officer reported misconduct by other officers that resulted in their suspension. At 943: "Blair had the right under the First Amendment to inform his superiors of misconduct in the police department." He was then subjected …
Fifth Circuit Misstates Retaliation Standard by Prisoners claiming retaliation must allege "(1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation." The plaintiff alleged retaliation for his filing of grievances …
Fired Whistleblowing Rec Staff Allowed to Amend Complaint by The plaintiff, a prison "recreation specialist," alleged that he was fired because of his complaints of lack of safety in the workplace. The court first says that his complaints about lack of personal security amount to no more than negligence, even …
Article • August 15, 2008
Ninth Circuit Discusses Anonymous Party Requirements by At 1068: "... [A] party may preserve his or her anonymity in judicial proceedings in special circumstances when the party's need for anonymity outweighs prejudice to the opposing party and the public's interest in knowing the party's identity." Where fear of retaliation is …
No Right to “Blue Wall of Silence” for Disciplined Cop by The plaintiff police officer alleged that after he had cooperated in an internal affairs investigation, he was overly zealously investigated when he was discovered in a car drunk. His equal protection claim is rejected. At 104: Put bluntly, Diesel …
Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand by Kelvin Brooks, a guard at the jail in Jefferson County, Kentucky, was black and had a race-related skin disease (PFB) that was irritated by shaving, so he wore a beard. Ron Bishop, the jail director, fired Brooks …
Retaliation Against Female Kentucky Prison Guard Nets $240,000 by A Kentucky jury awarded a female guard $240,000 for retaliation. Patricia McCullough was employed for 13 years as a guard at North Point Training Center in Boyle County, Kentucky. “Despite appropriate reviews and a clean record,” she was “passed over for …
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