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Former PHS Employee Awarded $200,000 for Retaliation, Age Discrimination by On August 16, 2001, a Maine jury awarded $200,000 to a registered nurse who claimed she was fired by Prison Health Services (PHS) for voicing concerns about the quality of care being provided to juvenile prisoners and because of her …
Denial of Injunction Against Federal Guard's Sexual Harassment/Retaliation Reversed by Denial of Injunction Against Federal Guard's Sexual Harassment/Retaliation Reversed The Fifth Circuit court of appeals has reversed the denial of a Texas federal prisoner's motion for a temporary restraining order (TRO) seeking relief from sexual harassment and retaliation by a …
Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed by Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed The U.S. Seventh Circuit Court of Appeals, partly reversing the U.S. District Court, Central District of Illinois, held that a prisoner could bring a civil rights suit for demotion in job status and, …
$106,500 Awarded to Whistle Blowing FL Jail Nurse by A jury in Palm Beach County, Florida, entered a verdict in favor of Angela Wilson, who claimed that she was fired as an employee of the Palm Beach County Health Department for revealing illegal activities at her job. Wilson, who was …
Article • May 15, 2007
Property Destruction and Retaliation Claims Reversed by The First Circuit Court of Appeals held a Rhode Island Prisoner stated claims of retaliation and deprivation of property without due process, but rejected the medical treatment claim. The district court dismissed all claims, for failure to state a claim. The complaint avered …
Exhaustion Required for Retaliatory Transfer Claim by The plaintiff complained that after he won a lawsuit for the denial of a liver transplant, he became the object of a blitz of disciplinary reports and was then transferred to a maximum security prison. The district court dismissed for nonexhaustion. The court …
Article • May 15, 2007
Second Circuit Upholds Dismissal of Snitch Jacketing Claim by The plaintiff complained that an officer tried to get another inmate to attack him after he beat a disciplinary ticket, and when he complained about that a prison investigator accused him of being a "rat" in front of other prisoners. At …
Retaliatory Transfer, Arm Smashing by Guards, Denial of Care State Claim by The plaintiff complained that an officer intentionally smashed his hand and arm in the food slot in his cell door, and then denied him medical care. He recounted a second incident of the same nature, plus additional incidents …
No Immunity for Beating Delaware Prisoner by The plaintiff alleged that he did not lock in during an alarm when the signal was given because he was in the shower and didn't hear the signal. He was then beaten by the riot squad, further beaten as he was taken to …
Investigators Retaliation Claim Set for Trial by The plaintiff, an internal affairs investigator, received information that excessive force had been used by staff during a riot. His superiors complained about his report and told him to revise it. He revised it twice at their behest. Subsequently, he said, he was …
County and Private Health Company Liable for Retaliatory Firings by The plaintiffs, registered nurses allegedly fired from their jobs at the county jail for criticizing the county's department of mental health, stated a First Amendment claim against various defendants. There is a question of fact whether the private medical provider …
Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition by Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition The plaintiff prepared a petition alleging abusive conduct by a correction officer. He was subsequently disciplined after searches of his cell and work area turned up articles …
CCA Employees Can Be Sued Under Bivens For Retaliation, Court Access Issues by Individual employees of a private prison corporation contracting with the federal government may be sued under Bivens. The holding of Malesko that Bivens does not authorize suit against corporations contracting with federal agencies does not extend to …
Kansas Jail Retaliates Against Nurse Whistleblower by The plaintiff, a jail nurse, filed a complaint with the state Nurses Association about what she believed to be violations of acceptable nursing practice, and was fired. The violations included crushing medication before dispensing it without any governing protocol, inadequate nurse staffing, giving …
No Supervisory Liability for Forwarding Complaint to Investigator by The plaintiff alleged that he was beaten and then retaliated against for complaining with a further assault and a false misbehavior report. The Commissioner cannot be held liable because he was not personally involved. Although the plaintiff sent him letters, it …
Parole Retaliation Suit Dismissed by The plaintiff alleged that prosecutors reneged on a plea bargain by failing to submit favorable letters to the parole board and instead submitting unfavorable letters, and that the parole board retaliated against him for having filed federal court litigation. The plaintiff's claim for breach of …
Defendants Bear Burden of Proving Non Exhaustion by Defendants moved to dismiss for non-exhaustion supported by a conclusory affidavit stating that the plaintiff has not exhausted "without describing which claims plaintiff failed to exhaust. Inasmuch as exhaustion is an affirmative defense, defendants must raise and prove that plaintiff did not …
False Charges against Staff Not Unconstitutional by Correction officers subjected to allegedly unfounded disciplinary prosecutions could not bring a § 1983 suit for malicious prosecution. Even though New York State recognizes the tort of malicious prosecution based on administrative proceedings, the Supreme Court plurality said in Albright v. Oliver that …
Article • May 15, 2007
Indiana Guard States Retaliation Claim by The district court should not have dismissed a correction officer's claim that after she voiced concern to a higher-level supervisor about a new policy not to search state vehicles entering the prison, and reported her observation of two staff members transferring material from private …
Title VII Claim Against NY Jail by Employee Proceeds by The plaintiff correctional employee alleged discrimination based on national origin and retaliation for defending himself against discrimination charges in a Title VII administrative complaint, but in the subsequent lawsuit asserted a claim of racial discrimination. The plaintiff may pursue the …
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