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Media Interview Protected Free Speech by A federal district court in Pennsylvania held that the transfer of a prisoner for his participation in a pre-authorized media interview and his subsequent correspondence with the newspaper reporter violated the prisoner's constitutional rights. Prison officials were denied qualified immunity and the prisoner was …
Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack by On February 25, 1999, a federal jury in Harrisburg, Pennsylvania awarded state prisoner Gerald Henderson $100,000 in compensatory and punitive damages stemming from an attack by prison guards. On March 29, 1995, while imprisoned at SCI-Rockview, Henderson was using the …
Adequate Opportunity for Discovery Required by The court of appeals for the Second Circuit held that when a pro se prisoner brings a colorable claim against supervisory prison officials, and those officials respond with a dispositive motion based on the prisoner's failure to identify the real culprits, dismissal should not …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
Two Year Limitations on Illinois § 1983 Suits by The court of appeals for the seventh circuit held that a district court erred in dismissing a prisoner's lawsuit because it had miscalculated the statute of limitations. The court also held that 28 U.S.C. § 1915(g), the "Three Strikes" provision of …
PLN Writer Exiled by CCA by PLN Writer Exiled by CCA Alex Friedmann is a prisoner and a journalist. Until recently he also warmed a for-profit bunk at the Corrections Corporation of America's (CCA) South Central Correctional Facility in Clifton, Tennessee. That is, until his corporate warders decided that Alex …
Second Circuit Rules on Appointment of Counsel by The court of appeals for the second circuit held that a district court abused its discretion by denying a pro se prisoner's motion to appoint counsel under a local court rule that conditioned such appointment on the prisoner's claim surviving a motion …
PLN Editor Settles Retaliation Suit by In the May, 1993, issue of PLN we reported that PLN editor Paul Wright had won a reversal and remand from the ninth circuit court of appeals in an unpublished ruling, Wright v. Rebiero, a retaliation suit filed against Washington state prison officials. On …
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
Court Allows Silencing of Environmental Whistle-Blower by Paul Wright If a business near your home was dumping raw sewage into rivers and improperly storing toxic materials that contaminated your drinking water supply, would you want to know about it? Would you be grateful if an employee reported this to the …
Retaliation Verdict Reversed by In the February, 1996, issue of PLN we reported Sisneros v. Nix, 884 F. Supp. 1313 (D IA 1995), where a district court in Iowa awarded a prisoner $7,639.70 in damages after finding the prisoner had been subjected to a retaliatory prison transfer after filing suit …
Iowa Retaliation Verdict Affirmed by In the March, 1994, issue of PLN we reported Goff v. Burton, 7 F.3d 734 (8th Cir. 1993) in which the eighth circuit court of appeals reversed a district court ruling in favor of George Goff, an Iowa prisoner who was retaliated against by prison …
Retaliatory Transfer and Discipline Unconstitutional by The court of appeals for the eighth circuit affirmed an award of damages and attorney fees to an Iowa prisoner who was infracted and transferred after he cooperated with an investigation into guard misconduct. Robert Cornell was contacted in 1987 by DOC internal affairs …
Bivens Provides Remedy for Work Injury to BOP Prisoners by A federal district court in California held that prison officials may not retaliate against prisoners who request medical treatment; that the Prison Industries Fund is the sole remedy for federal prisoners who suffer work related injuries but does not bar …
Retaliation Claims Survive Sandin, but PI Reversed by The court of appeals for the ninth circuit has held that prisoner retaliation claims have survived the supreme court ruling in Sandin but that prisoners bear a heavy burden when seeking a preliminary injunction (PI) on a retaliation claim. In the December, …
RFRA Applies to Retaliation Claims by A federal district court in Colorado has held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) applies to prisoners' retaliation claims. John Hall, a Colorado state prisoner, filed suit under the RFRA and § 1983 claiming prison officials retaliated against him …
Contempt Ruling Against LA Prisoncrats by U.S. district judge Frank Polozola ruled that Louisiana Secretary of Corrections Richard Stalder and Angola Warden Burl Cain be held in contempt. He ordered them each to contribute $1,000 to a victim compensation fund. Stalder, Cain, other wardens, assistant wardens and assorted prisoncrats were …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
Law on Retaliation Well Established in 9th Cir. by In the October, 1993, issue of PLN we reported Schroeder v. McDonald, 823 F. Supp. 750 (D HI 1993) in which a Hawaii prisoner filed suit over a retaliatory transfer from a minimum to a medium security prison. The district court …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
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