Skip navigation

Search

1396 results
Page 45 of 70. « Previous | 1 2 3 4 ... 41 42 43 44 45 46 47 48 49 ... 66 67 68 69 70 | Next »

Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release by Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release The Seventh Circuit Court of Appeals held a Wisconsin ex-prisoner, who filed his suit while incarcerated, must exhaust all administrative remedies …
Norris-LaGuardia Act Trumps State Common Law by The United States Supreme Court held that only when the level of proof in §6 of the Norris-LaGuardia Act is reached can damages for interference be awarded. Paul Gibs filed a federal action against a labor union, The United Mine Workers of America …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Retaliation for Prisoner's Political Views States §1983 Claim by Retaliation for Prisoner's Political Views States §1983 Claim New York state prisoner Stanley Sczerbaty filed a 42 U.S.C. §1983 claim alleging that prison officials punished him for his political views by removing him from college classes one week after he filed …
Fired California Prison Guards Awarded $410,000 for Retaliation by On September 29, 1998, a California jury awarded $410,000 to two state prison guards for their retaliatory firing and ordered them reinstated to their previous positions. Plaintiffs, Bonita Weaver, a 30-year-old black female, and R. Keith Williams, a 23-year-old white male, …
Sexually Harassed Prison Kitchen Worker Awarded $90,000 by On August 20, 2002, the U.S. District Court for the Eastern District of Kentucky awarded $90,000 to a prison kitchen worker who was sexually harassed by a prison captain. The judgment was against her former employer, Kellwell Food Management (KFM). While working …
Summary Judgment Against Fired Wackenhut Employee Reversed by The U.S. Ninth Circuit Court of Appeals, reversing a California federal district court, held that a suspended Wackenhut Corrections Corporation (WCC) employee stated a claim for retaliation and that WCC should not have prevailed on summary judgment. WCC employee John P. Elliott, …
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, …
Retaliatory Transfer for Assisting Prisoners with Litigation States Claim by The Court of Appeals for the Ninth Circuit held that a California prisoner stated a claim of retaliation that should not have been dismissed on the lower court's summary order before process was served on the defendants. The plaintiff alleged …
Article • May 15, 2007
Prison Nurse's First Amendment Suit Struck Down by Summary Judgment by The U.S. Sixth Circuit Court of Appeals upheld an Ohio federal district court's award of summary judgment against a former prison nurse who charged that Ohio Department of Rehabilitation and Corrections (DORC) officials retaliated against her for exercising her …
Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings by Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings The U.S. Ninth Circuit Court of Appeals held that a prisoner who checked a box marked "Excessive force by an officer" sufficiently stated a claim for relief in a …
Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
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 …
Texas Woman Fired For Reporting Abuse Awarded $202,000 by On July 14, 2004, a district court in Harris County, Texas, awarded $202,000 to a woman who was fired for reporting a guard's abuse of a juvenile. While imprisoned at the Harris County juvenile probation department's Burnett Bayland Reception Center on …
Article • May 15, 2007
Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed by Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed The United States District Court for the Eastern District of Virginia, Alexandria Division, granted summary judgment against a prisoner's § 1983 action in which he claimed harassment, denial of access to …
Fact Issues Preclude Summary Judgment Of Iowa Guard's State, Federal Claims by The United States District Court for the Southern District of Iowa held that issues of material fact precluded summary judgment of a former jail guard's action under state law and 42 U.S.C. § 1983 against his former employer. …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
Article • May 15, 2007
Prisoner Fails To Show Retaliation, Deliberate Indifference by The United States District Court for the Northern District of Florida entered summary judgment against a prisoner's § 1983 action alleging deliberate indifference and retaliation by a prison nurse practitioner (N.P.). Walter Pate, a Florida state prisoner, was diagnosed as having HIV, …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate by Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate The U.S. Court of Appeals for the Third Circuit held that prison officials had violated a prisoner's First Amendment rights by disciplining him for writing a letter of complaint …
Page 45 of 70. « Previous | 1 2 3 4 ... 41 42 43 44 45 46 47 48 49 ... 66 67 68 69 70 | Next »