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Article • May 15, 2007
Retaliation Suit Wrongly Dismissed by The court of appeals for the Tenth circuit held that a district court in Kansas wrongly dismissed a federal prisoners retaliation suit. The court applied the Turner v. Safley reasonableness test to a retaliation claim. Plaintiff claimed he was placed in segregation with no due …
Right to Complain Clearly Established by The court of appeals for the Sixth circuit affirmed a district court ruling that an Ohio prisoner's First amendment rights were violated when he was infracted and punished for sending a petition signed by other prisoners complaining of guard harassment to the warden. The …
Article • May 15, 2007
Snitch-jacketing States Retaliation Claim by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that prison officials had retaliated against him for filing lawsuits by falsely labeling him a snitch. The snitch jacketing exposed him to harm by other prisoners. District court …
Article • May 15, 2007
Retaliatory Strip Searches State Claim by The court of appeals for the Fifth circuit affirmed dismissal of a Texas prisoner's challenge to an ad seg strip search policy. The court reversed the dismissal of the prisoner's claim that the strip search policy was applied in retaliation only against prisoners who …
Fifth Circuit Affirms, Remits TDCJ Employee's Damages Award by The U.S. Fifth Circuit Court of Appeals affirmed in part, remitted in part, and reversed in part the damages awarded to an employee of the Texas Department of Criminal Justice (TDCJ) in a sex and race discrimination lawsuit. TDCJ employee Beverly …
Sixth Circuit Reverses Dismissal of Prisoner's Retaliation Claim by The Sixth Circuit Court of Appeals partly vacated a U.S. District Court's dismissal of a state prisoner's retaliation claims against the Michigan Department of Corrections (MDOC). MDOC prisoner Rick Manning sued various MDOC and State Police officials under 42 U.S.C. §§1983, …
Seventh Circuit Reverses Summary Judgment in Prisoner's Retaliation Claim by The U.S. Seventh Circuit Court of Appeals has reversed the U.S. District Court for the Northern District of Indiana, in the case of a prisoner alleging retaliation by prison officials. This is the second reversal of the district court in …
Divided Tenth Circuit Panel Reverses Jail Prisoner's Dismissed Claims by In a decision producing three separate opinions, a panel of the U.S. Tenth Circuit Court of Appeals has partly reversed a Kansas Federal District Court decision dismissing a former prisoner's claims against the Wyandotte County [Kansas] Jail. Wesley I. Purkey …
Article • May 15, 2007
Retaliation Claim Legitimate, Res Judicata Claim Not by A New York state prisoner brought a § 1983 action against prison authorities alleging retaliation for previous legal action. Prison officials introduced motion for summary judgment asserting principle of res judicata. The U.S. District Court for the Southern District of New York …
Placing Pre-Trial Detainees in Segregation Requires Due Process by The U.S. Seventh Circuit Court of Appeals, reversing in part the decision of a district court in Indiana, held that a pre-trial detainee cannot be placed in segregation without due process, except for management purposes. James Higgs, a pre-trial detainee in …
Sixth Circuit Reverses Jury in Retaliation Case, Verdict Was Unreasonable by The Sixth Circuit Court of Appeals has again reversed and remanded the U.S. District Court for the Eastern District of Michigan in a case involving a prison guard's retaliation against a prisoner and his mother. Stephen Neal was a …
$279,000 Harassment Award Upheld in Missouri Nurses' Suit by The Eighth Circuit Court of Appeals upheld judgment against Missouri Department of Corrections (MODOC) officials in favor of nurses who sued for retaliation and sexual harassment. The court also upheld attorney fee awards. Rebecca Hunt and Susan Nurnberg were recruited by …
No Qualified Immunity for Guards Who Seized Prisoner's Legal Papers by The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment in favor of prison guards who had confiscated a prisoner's legal papers as an alleged act of retaliation for the prisoner's exercise …
Retaliation for Litigation, Grievances States Claim by A New York federal district court held the prisoner in this civil rights action stated a claim for retaliation and failure to provide adequate medical care. This action was filed by a New York prisoner transferred from the Elmira Correctional Facility to the …
Article • May 15, 2007
Dismissed §1983 First Amendment Claim Vacated and Remanded in Part by Dismissed §1983 First Amendment Claim Vacated and Remanded in Part The U.S. Seventh Circuit Court of Appeals vacated and remanded part of an Illinois prisoner's 42 U.S.C. §1983 suit, which an Illinois federal district court had dismissed for failure …
$200,000 Awarded to Prison Nurse for Wrongful Termination by $200,000 Awarded To Prison Nurse For Wrongful Termination Joan Gilles, a 67-year old former prison nurse at the Northern Maine Juvenile Correctional Facility (NMJCF), in Charleston, filed a law suit against Prison Health Services (PHS), a company that provides medical services …
$130,000 Settlement In Prison Employee Harassment Suit by In 1999, Thomas G. Bailor, filed a law suit against the Delaware Correctional Center MC, after he was forced to quit his job as an internal affairs investigator, for filing a report accusing prison guards of misconduct. Bailor, was investigating charges that …
Article • May 15, 2007
$2,025 Paid in Washington Prisoner's Retaliation Claim by While a prisoner at Washington's Airway Heights Correction Center, Donald W. Miniken received a standard classification hearing on March 1997. At the hearing, Miniken's legal activities were discussed. The hearing resulted in Miniken losing 12 custody points for not programming despite him …
$9,500 Paid in Washington DOC Employee's Whistleblower Suit by William C. Dalton, a nurse at Washington's McNeil Island Correctional Center, repeatedly raised issues regarding deficiencies in equipment, protocol and staffing at MICC. In July 1996, Dalton was instructed to participate in chemotherapy for a patient/prisoner at MICC. Dalton became concerned …
Article • May 15, 2007
Prisoner's Retaliation Claims Dismissed by The U.S. Ninth Circuit Court of Appeals has effectively ended the claims of Kevin Murphy, a prisoner at the Montana State Prison (MSP), who had alleged that MSP officials had violated his First Amendment rights by retaliating against him for writing a letter to a …
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