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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 …
Connecticut Prisoner's Suit Reopened by The U.S. District Court for the District of Connecticut, citing Federal Rule of Civil Procedure (Fed.R.Civ.Proc.) 60(b)(6), held that a Connecticut state prisoner could reopen his federal civil rights suit that had been previously dismissed. Stephen Smith, a prisoner in custody of the Connecticut Department …
Constructive Dismissal Defeats Summary Judgment in MA Whistle Blower Suit by A Massachusetts Federal District Court denied summary judgment to Suffolk County in a guard's 42 U.S.C.§ 1933 action alleging he was forced to quit because he broke a "code of silence" when he reported a fellow guard's misconduct. The …
Municipalities Must Have Unconstitutional Policy To Be Liable Under §1983 by Municipalities Must Have Unconstitutional Policy To Be Liable Under §1983 The U.S. Supreme Court held that the city of St. Louis was not liable in an employee's §1983 action because the employee had not shown the alleged violation was …
Prisoners Have Right to Send Letters to News Media by The First Circuit Court of Appeals has held that a prisoner has a right to send letters to the news media. This action was filed by two prisoners at the Massachusetts Correctional Institution at Walpole, challenging the prison's total ban …
Sixth Circuit Vacates Dismissal of § 1983 Suit by Sixth Circuit Vacates Dismissal of § 1983 Suit The Sixth Circuit Court of Appeals, in an unpublished opinion, has vacated and remanded a Michigan District Court's grant of summary judgment to prison officials on grounds that the prisoner-plaintiff failed to exhaust …
Article • May 15, 2007
Summary Judgment Denied in Court Access Retaliation Claim by A federal district court in Pennsylvania held that disputed issues of fact required a trial in a Pennsylvania state prisoner's lawsuit that prison officials had retaliated against him for having filed lawsuits by confiscating his legal papers, which caused him to …
$975,000 Paid in Michigan Guards Wrongful Discharge Suit by In January 1996, Michigan prison guard James E. Legrow saw a paroled prisoner and three guards in a bar, which violated the parolee's conditions of parole and prison rules against fraternization with prison guards. Because the guards were friends of the …
$259,000 Paid in Michigan Guard's Discrimination Claim by Michigan prison guard Kenneth McIntyre, who had been employed for 7 years, had lifting restrictions due to congenital spinal bifida. An MRI disclosed he developed bulging discs and had his lifting restrictions changed from 50 to 20 pounds. The State said he …
Warden Denied Qualified Immunity in Guard's Race Discrimination Suit by The U.S. Sixth Circuit Court of Appeals dismissed an interlocutory appeal from a district court's denial of summary judgment to an Ohio prison warden. Richard Parks was a guard at Warren Correctional Institution (WCI), where Anthony Brigano was warden. Parks …
Arkansas Beating Suit Wrongly Dismissed When Court Won't Call Witnesses by The U.S. Court of Appeals for the Eighth Circuit held that a district court had erred in not considering a prisoner's request to call witnesses. A prisoner filed a civil rights suit against the Arkansas Department of Corrections, for …
Retaliatory Transfer for Seeking Creation of Law Library Unconstitutional by The Court of Appeals for the Seventh Circuit reversed an Indiana district court's order dismissing a prisoner's § 1983 action alleging alternative theories of retaliation to justify his transfer. The appellate court found that all of the theories might be …
PA Legal Assistance Suit Remanded by The Court of Appeals for the Third Circuit held that the lower court had erred when it dismissed, on summary judgment, a Pennsylvania state prisoner's claims that he was not allowed to assist other prisoners with legal claims, had been denied use of the …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Article • May 15, 2007
Sheriff's Mass Purchase of Newspapers to Suppress News Unconstitutional. by The Fourth Circuit Court of Appeals held that the mass purchase, on election day, of the St. Mary's Today Newspaper by sheriff's deputies in St. Mary's County, Maryland, to prevent the dissemination of articles they anticipated would be critical of …
Second Circuit Partly Reinstates Prisoner's §1983 Claims by Second Circuit Partly Reinstates Prisoner's §1983 Claims The Second Circuit Court of Appeals has reinstated parts of a New York prisoner's 42 U.S.C. §1983 claims against various staff in New York's Department of Correctional Services (DOCS). In so doing, the court reaffirmed …
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