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Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim by In an unpublished opinion the Fifth Circuit Court of Appeals reversed a lower court's dismissal, for failure to state a claim, of a prisoner's retaliation suit against one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 …
Breathtaking Abuse of the Constitution - Sheriff Arpaio's assault on the First Amendment by Michael Lacey Breathtaking Abuse of the Constitution Joe Arpaio, Andy Thomas and Dennis Wilenchik hit New Times with grand jury subpoenas By Michael Lacey and Jim Larkin Published: October 18, 2007 This newspaper and its editorial …
Little State, Big Problems: Maine’s Prison Crisis Continues Unabated by Lance Tapley Little State, Big Problems: Maine?s Prison Crisis Continues Unabated by Lance Tapley Only big prison systems mistreat prisoners, right? Only prison systems where racism, right-wing tough-on-crime attitudes, or prison-industrial-complex power have full reign, like in California or Texas, …
“War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In by Alex Friedmann War on Terror Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff's Lawyers Help Turn Them In by Alex Friedmann In January 2005, Lt. Commander Matthew M. Diaz was a Navy staff judge advocate serving a …
20 Florida Prison Officials Fired or Suspended After Prisoner Beating, Party by David Reutter by David M. Reutter Continuing his quest to clean up the chronically corrupt Florida Department of Corrections (FDOC), Secretary James McDonough fired or suspended at least 20 officials at Hendry Correctional Institution (HCI) for actions related …
Sanabria v. Hillsborough County, NH, Complaint, employee sex bias jail prisoner abuse, 2007 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE ************************** * * Plaintiff * * v. * * Hillsborough County Department * of Corrections * * Defendants * ************************** Doris Sanabria Civil Action: 1:07-cv-284-JM COMPLAINT PARTIES …
Article • August 15, 2007 • from PLN August, 2007
Minnesota Prison Industries Managers Ride High on Prison Slavery by David Reutter by David M. Reutter A report by Minnesota?s Office of The Legislative Auditor (Auditor) has found conflicts of interest, the improper disposition of surplus property, and questionable contracting practices existed at MINNCOR Industries, Minnesota?s prison industry. That special …
UN Committee Against Torture Wants Guantanamo Closed by by Matthew T. Clarke The United Nations Committee Against Torture (the committee) has published a report urging the closure of the military prison at Guantanamo Bay, Cuba (Guantanamo). In doing so, the committee of nine international experts stated that the indefinite detention …
Brooks et al v. Napoli et al, NY, Complaint, 2007 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 1 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 2 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 3 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 4 of 26 …
Article • June 15, 2007 • from PLN June, 2007
Fifth Circuit Remands Texas Prisoner’s Retaliation Claim, Adopts De Minimis Standard by Michael Rigby Fifth Circuit Remands Texas Prisoner's Retaliation Claim, Adopts De Minimis Standard by Michael Rigby The U.S. Fifth Circuit Court of Appeals held that prisoners must allege more than de minimis retaliatory acts to support retaliation claims …
Dismissal of Retaliation Claim Reversed by The Seventh U.S. Circuit Court of Appeals reversed the dismissal by the U.S. District Court for the Western District of Wisconsin of a prisoner's retaliation claim. Tony Walker, a Wisconsin prisoner, sued prison officials under 42 U.S.C. §1983 claiming that officials conspired to retaliate …
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 …
Article • May 15, 2007
Washington DOC Pays $1,500 to Settle Legal Mail/Discipline Suit by In 1998, the Washington Department of Corrections paid $1,500 to Jenny Hall, a prisoner at Washington Corrections Center for Women in Gig Harbor, WA. for the censorship of her legal mail. In 1996, Jenny Hall mailed a letter to her …
Sender of Mail Entitled to Due Process Protections by In a New York case, the Second Circuit Court of Appeals noted that the "intermediate scrutiny standard" of Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) "seeks to protect the 'inextricably meshed' rights of both the writer and the …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Article • May 15, 2007
Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge by Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge On May 7, 2004 the U.S. Fifth Circuit Court of Appeals held that religious accommodations provided by the Texas Department of Criminal Justice (TDCJ) were constitutional and that the …
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 …
Article • May 15, 2007
District Court Reversed; Failure to Allow Amendment Abuse of Discretion by The U.S. Tenth Circuit Court of Appeals reversed the U.S. District Court, Colorado, holding that the district court's refusal to permit a Colorado state prisoner to amend his complaint was an abuse of discretion and, moreover, the complaint stated …
Article • May 15, 2007
Excessive Account Deductions May State First Amendment Claim by The U.S. Eighth Circuit Court of Appeals partly reversed dismissal of a Missouri prisoner's civil rights complaint alleging that a prison official was retaliating against him for filing lawsuits by deducting excessive amounts of money from his prison account. George Brown, …
Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances by Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's claim that his civil rights were violated when prison officials placed …
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