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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
Firing Whistleblowing Cop Unconstitutional by The plaintiff police officer filled out a required use of force report and implicated an officer in a beating (the suspect was not bleeding when the plaintiff left and was bleeding when he returned.) The plaintiff police sergeant expressed concerns to a lieutenant about the …
Texas Failure to Protect, Retaliation Claims Dismissed by The plaintiff's injunctive and declaratory claims concerning failure to protect him are mooted by his transfer to another prison. At 522: "A plaintiff-prisoner may avoid dismissal of his equitable claims for mootness if he shows 'either a "demonstrated probability" or a "reasonable …
Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams by Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams The U.S. District Court for the Southern District of New York, on motions for partial summary judgment and to dismiss, held that a New York Department of Correctional Services …
Article • May 15, 2007
Dismissed Retaliation Claim Reversed by The U.S. Sixth Circuit Court of Appeals reversed and remanded an Ohio U.S. District Court decision dismissing claims against prison officials accused of retaliating against prison guards for exercising their First Amendment rights. Carlos Goad and Robert Wuchich sued officials of Ohio's Mansfield Correctional Institution …
Texas Attorney-Client Interference Damage and Fee Award Upheld by The court of appeals for the Fifth circuit upheld a damage award of $10, 231 plus unspecified attorney fees, when a Texas prison deliberately interfered with the right of prisoners and counsel to meet concerning prison conditions and post conviction relief …
Segregation for Complaining about Jail Conditions Struck Down by Segregation for Complaining About Jail Conditions Struck Down The court of appeals for the Third circuit held that it is unconstitutional to place a jail prisoner in segregation, without a hearing, in retaliation for the prisoner complaining about conditions to the …
Retaliatory Beatings Violate First Amendment, Damages Awarded by Retaliatory Beatings violate First Amendment, Damages Awarded The court of appeals for the Second circuit held that a district court had improperly granted Judgment Notwithstanding the verdict to prisoner officials in a retaliation suit filed by New York state prisoners. Court also …
Prisoner Organizers Transferred for Safety from Staff by The court of appeals for the Fifth circuit affirmed a district court injunction ordering two prisoner activists transferred to another prison for protection from prison staff. The plaintiffs were accused of inciting the burning of prison buildings and that their lives would …
Article • May 15, 2007
Guard Liable for Snitchjacketing by The court of appeals for the Eighth circuit held that Arkansas prison officials were liable for guard provoked attacks on a prisoner. A prisoner filed suit after he was assaulted on three occasions by other prisoners after a guard labeled him a snitch. The prisoner …
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 …
Retaliation for Use of Grievance System Unconstitutional by The court of appeals for the Eleventh circuit held that a district court erred in dismissing an Alabama prisoner's retaliation lawsuit. The court held that a state created liberty interest in remaining at a given prison was not required when the prisoner …
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 …
Unconstitutional to Punish Prisoner for Court Access by The court of appeals for the Fifth circuit held that it violates due process for Texas prison officials to punish prisoners who seek access to the courts. In this case, a prisoner was denied commissary privileges by jail officials after he wrote …
Washington DOC Settles Retaliation Suit for $815 by In October of 1999, the State of Washington and the Department of Corrections paid Robert James Miller $551.52 and $264.00 in costs. Miller, a prisoner confined at Airway Heights, Washington, filed a civil suit in 1998 alleging that the State of Washington …
Confiscation of Legal Files Excused Failure to Exhaust by A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies. In 1998, prisoner F. Lee Hinebaugh filed a federal petition …
Article • May 15, 2007
Fifth Circuit Upholds Protection for Plaintiffs in Ruiz Suit by After filing suit against the Texas prison system, prisoner plaintiffs were retaliated against both physically and with disciplinary action. The district court entered two protective orders which were violated by defendants. As part of a third protective order, the district …
Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering by Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering Affirming the U.S. District Court for the Eastern District of Pennsylvania on other grounds, the U.S. Third Circuit Court of Appeals held that the disciplinary actions to which a …
Shocks the Conscience" Standard Incorrect for First Amendment Claims by Shocks the Conscience" Standard Incorrect for First Amendment Claims Affirming its prior holding in Bell v Johnson, 308 F.3d 594 (6th Cir. 2002), the U.S. Sixth Circuit Court of Appeals held that a district court in Michigan incorrectly granted summary …
Summary Judgment Against Sexually Assaulted Prisoner Denied in Part by The U.S. District Court for the Southern District of Ohio granted in part and denied in part Ohio officials' motion for summary judgment against a prisoner who was sexually assaulted by a guard. While a prisoner at the Ohio Reformatory …
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