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Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
DC District Court Denies Guards' Summary Judgment Retaliation Case by A federal district court in the District of Columbia has denied prison guards' motion for summary judgment and set for trial a civil rights suit alleging that guards retaliated against prisoners who complained of a guard's repeated unsolicited sexual propositions. …
False Evidence Meets Some Evidence Standard by The U.S. court of appeals for the Seventh Circuit held that even dubious evidence satisfies the "some evidence" standard of proof in prison disciplinary proceedings. The court also held that due process does not include a right to submit further evidence on appeal …
New York Prisoners Have Ad-Seg Liberty Interest by A Federal district court in New York held that prisoners have a protected liberty interest in remaining free from administrative segregation. On February 11, 1987 New York state prisoner, Santiago Ramirez, was served a Tier Three Disciplinary case for possession of a …
Administrative Remedies Exhausted When Response Time Elapses by The court of appeals for the Fifth circuit held that prison administrative remedies are deemed exhausted when the time period for the prison's response elapses, regardless of whether or not the prison has responded. 42 U.S.C. § 1997e requires that prisoners exhaust …
No Federal Remedy for False Disciplinary Charges by The court of appeals for the seventh circuit held that a prisoner who is falsely accused of misconduct and punished for no apparent reason has no legal recourse in federal court if the only punishment imposed involves 15 days of segregation. In …
More Evidence Required in Retaliatory Infractions by The court of appeals for the ninth circuit held that when guards falsely accuse prisoners of misconduct in retaliation for the exercise of constitutional rights, the guard's accusation is not entitled to deference under the "some evidence" standard of review normally used in …
Iowa Grievance Retaliation Suit Set for Trial by A federal district court in Iowa held that an Iowa DOC practice of punishing prisoners who filed grievances may violate the first amendment. The court also held that a higher standard of proof than the "some evidence" standard, was required before prisoners …
Alaska Prisoner Has Right to Call Witnesses at Hearing by The Alaska supreme court held that refusing to allow a prisoner to call witnesses and to question the accusing staff member at a prison disciplinary hearing violated the prisoner's due process rights. Mattfi Abruska is an Alaska state prisoner. He …
No Due Process in Seg Placement by In the August, 1995, issue of PLN we reported Sandin v. Conner, 115 S.Ct. 2293 (1995) in which the supreme court held that prisoners have no due process rights in disciplinary hearings as long as the length of their sentence is not affected, …
Grievance Retaliation Unlawful by A federal district court in Michigan has held that it is unlawful for prison officials to retaliate against prisoners who complain of misconduct by guards and for prison officials to read legal mail sent to prisoners from the courts. Those claims were set for trial and …
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Retaliatory Discipline Violates Due Process by A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and …
Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
Retaliatory Infraction States Claim by An Illinois district court has reaffirmed that prisoners retain a first amendment right to complain about prison conditions without fear of being subjected to retaliation by prison officials. Selma Geder, an Illinois state prisoner, filed numerous administrative grievances complaining about prison conditions. In retaliation for …
Retaliatory Infractions Illegal by Prison employees are forbidden from filing false disciplinary charges against prisoners in retaliation for prisoner complaints against other employees. Milton Payne, a New York state prisoner, witnessed a prison guard set a fire in a cell and reported this to prison authorities. Shortly thereafter prison guards …
Disciplinary Evidence Must be Reliable by Michael Walsh is a New York state prisoner. He was infracted for allegedly exposing himself to and threatening a prison guard. At the disciplinary hearing, Walsh called as a witness another guard who had co-signed the infraction report. The guard testified that she was …
Altered Disciplinary Evidence Violates Due Process by John Grillo is a New York state prisoner. He was infracted after a urinalysis allegedly showed he was positive for the use of opiates. He was found guilty at the disciplinary hearing and sentenced to 360 days in segregation and the loss of …
Retaliation Case Dismissal Reversed by Muriel Black is an Illinois state prisoner. In 1984 he filed suit under § 1983 claiming that prison officials had violated his constitutional rights by filing false disciplinary charges against him, harassing him, etc., after he complained of racial discrimination at the prison. In 1985 …
Perotti Needs Help by John Perotti John Perotti, Mansfield, OH On August 7, 1992, MANCI prisoncrats Bill Rachael (unit manager), Terry Knight (SHP Investigator), Mr. Fleming (SHP) and Capt. Jackson and Sgt. Harrell called a prisoner named Jerome Evans to their office and made a deal that if he set …
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