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Pennsylvania Parole Whistleblower Suit Dismissed by Speech concerning racial discrimination in parole determinations is a matter of public concern, since it implicates the process of effective self-governance and equal protection under the law." (397) However, the plaintiff staff member's interest in distributing inmate psychological records in an effort to reveal …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
7th Circuit Reverses SJ Retaliatory Transfer Claims by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials on due process and retaliatory transfer claims. The Illinois Department of Corrections (IDOC) operates the Tamms Correctional Center (Tamms). It is the highest security IDOC …
Article • May 15, 2007 • from PLN May, 2007
Nevada Prisoner Awarded $18,700 For Retaliation Claim by On October 14, 2005, a federal jury in Nevada awarded $18,700 to a state prisoner who suffered a retaliatory transfer and punishment after he voiced complaints about the prison?s food and grievance procedures. According to the lawsuit, prisoner Phillip Lyons was elected …
City Liable for Retaliation Against Cop Whistleblower and Code of Silence by The plaintiff police officer reported misconduct by other officers that resulted in their suspension. At 943: "Blair had the right under the First Amendment to inform his superiors of misconduct in the police department." He was then subjected …
Religious Retaliatory Transfers Unconstitutional by The court of appeals for the Ninth circuit held that Alaska prisoners did not state a claim for relief that they were involuntarily transferred to out of state prisons. This occurred at a time when Alaska had no state prisons of its own, therefore felons …
Denial of Paper Enjoined by A federal district court in Nevada issued an injunction requiring Nevada prison officials to provide adequate supplies of paper and envelopes to prisoners engaged in litigation. The court held that the right of access to the courts of necessity requires prison officials to supply prisoners …
Retaliation for Cooperating with State IG Illegal by The court of appeals for the Second circuit held that a district court erred when it dismissed a New York prisoner's retaliation lawsuit. Plaintiff claimed that prison officials retaliated against him by filing false disciplinary charges after he cooperated with the state …
Article • May 15, 2007
Retaliation for Prisoner's Inability to Work Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court improperly granted summary judgment to Arkansas prison officials. The appeals court held that the plaintiff's claim that he was retaliated against for filing the instant lawsuit was …
Article • May 15, 2007
Grievance Retaliation Unconstitutional by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that he was retaliated against for using the prison grievance system. Such retaliation is unconstitutional. The case was remanded for further proceedings. See: Wildberger v. Bracknell, 869 F.2d 1467 …
Race Discrimination in Seg Placement and Parole Denial States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's claim that he was placed in indefinite administrative segregation and denied parole due to being black and filing lawsuits. Case …
Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Retaliatory Transfer Illegal; No Right to Operate Business by The court of appeals for the Eighth circuit held that Iowa prisoners had no constitutional right to operate a leather goods business in prison nor to associate with other prisoners to operate such a business. The court held the district court …
Article • May 15, 2007
Retaliatory Transfer Standard Explained by The court of appeals for the First circuit held that a Massachusetts prisoner had stated a valid retaliation claim that he was transferred to a different prison after filing lawsuits against prison officials. The court held that a chronology of events from which retaliation can …
Punishment for Legal Activities States Claim by The court of appeals for the Second circuit held that a district court erred when it dismissed, for failing to state a claim, a New York prisoner's lawsuit that prison officials refused him access to a typewriter and law library, confiscated his law …
Retaliation for Filing Grievances Violates First Amendment by The court of appeals for the Sixth circuit held that an injunction against Tennessee prison officials was improper, but that retaliation against prisoners who were fired from their jobs as disciplinary hearing advisers after they filed grievances against the prison hearing officer …
Retaliatory Transfer Illegal by A federal district court in New Hampshire held that New Hampshire prisoners have no state created liberty interest in avoiding transfers to federal custody. However, such transfers violate the First amendment if done in retaliation for the prisoner's exercise of the right to court access. The …
Article • May 15, 2007
Grievance Retaliation Unlawful by The court of appeals for the Eighth circuit reversed the dismissal of an Iowa state prisoner's lawsuit claiming he was infracted for filing a grievance that prison officials claimed contained incorrect information. The court held that the content of administrative grievances is protected by the First …
Retaliation Claims Have Three Part Test by The court of appeals for the Eleventh circuit held that jailhouse lawyers do not have a constitutionally protected right to be law clerks or be at a specific prison; prisoners' assistance to others in legal matters and in writing the media complaining about …
Article • May 15, 2007
Prevailing Pro Se Prisoners Entitled to Costs, But Not Fees by Successful pro se prisoner litigants are entitled to costs under FRCP 54(d). They are not entitled to attorney fees under 42 U.S.C. § 1988. A Female prisoner in Missouri and prison employee she later married filed suit claiming they …
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