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Retaliation Claim Does Not Precede Exhaustion of State Administrative Remedies by The U.S. Second Circuit Court of Appeals on remand from the U.S. Supreme Court determined that a prisoner's retaliation claim was required to be preceded by exhaustion of state administrative remedies. Robert Lawrence, a prisoner at Otisville State Prison …
Transferred Prisoner States Claim As To Legal, Indigent Mail Policies by The United States Eighth Circuit Court of Appeals held that a prisoner's 42 U.S.C. § 1983 action against prison officials stated a claim as to prison policy of not providing free postage or writing supplies for legal correspondence, forbidding …
Article • May 15, 2007
Massachusetts Prisoner Sufficiently Alleges Violations Of State Civil Rights Act by Massachusetts Prisoner Sufficiently Alleges Violations Of State Civil Rights Act The Appeals Court of Massachusetts, Suffolk, held that a prisoner sufficiently alleged violations of the state constitution by prison officials but lacked standing to pursue a federal civil rights …
Presumed Damage Award Upheld in First Amendment Case by The Sixth Circuit Court of Appeals held that a general damage award is appropriate in a First Amendment case and such an award allows an attorney fee award. This case was brought by a Winchester, Kentucky fireman, who was suspended from …
No Punishment for Possession of Radical Religious Literature by The Second Circuit Court of Appeals held a prisoner's complaint was sufficient to defeat summary judgment and require a trial. The civil rights action was filed by a New York prisoner who spent 7 of his 15 years in prison in …
Article • May 15, 2007
Prisoner's Dismissed § 1983 Complaint Reversed in Part by Prisoner's Dismissed § 1983 Complaint Reversed in Part The U.S. Ninth Circuit Court of Appeals reversed in part a California state prisoner's 42 U.S.C. § 1983 complaint dismissed by a federal district court. California prisoner Alvin Ronnel Ross sued state prison …
Dismissal for Failure of Service Reversed; District Court Abused Discretion by The U.S. Sixth Circuit Court of Appeals reversed and remanded a federal district court's dismissal of a Michigan prisoner's 42 U.S.C. § 1983 suit for failure of timely service, holding that the state, not the prisoner, was responsible for …
$217,500 Paid in WA DOC Sexual Harassment Claim by Kathleen Lane was an employee of the Washington DOC in August of 1988 when raped and assaulted by one of her co-workers, Charles Beeman, at the WSR in Monroe, Wa. She filed criminal charges and reported the rape to supervisors. The …
Article • May 15, 2007
Conspiracy to Retaliate Against Jailhouse Lawyer Claim Stated; Equal Protection Claim Stated for Lifer Discrimination by An Iowa Federal District Court held a prisoner at the Anamosa State Penitentiary pled claims of retaliation and denial of equal protection for his "lifer" status that are sufficient to defeat dismissal. The prisoner …
Prisoners Have Right to Informed Consent and to Refuse Medical Treatment by The Third Circuit Court of Appeals held prisoners have a right to be informed of their medical treatment and may refuse that treatment; that the instituting of disciplinary action as retaliation for refusing treatment is unconstitutional, and the …
Supreme Court Holds Retaliation Claim Requires "But For" Test by Supreme Court Holds Retaliation Claim Requires "But For" Test The U.S. Supreme Court has held in a teacher's suit, which sought reinstatement and damages, for the failure to rehire him in retaliation for engaging in speech protected by the U.S. …
Former Guard's Sexual Harassment Suit Against CCA Dismissed by The United States District Court for the District of Columbia held that a former guard suing CCA of Tennessee under the District of Columbia Human Rights Act (DCHRA) had not proven she was subjected to a hostile work environment, that lack …
Article • May 15, 2007
$12,500 Paid in WA Retaliation Claim By Guard by Donald Baker was an employee at Airway Heights Corrections Center when he requested a transfer to another position within the Washington DOC. He was advised by Associate Superintendent Larry Hines that he would be considered for a transfer only if he …
Florida Jail Guard's Discrimination, Due Process Claims Dismissed by The United States District Court for the Southern District of Florida dismissed a former jail guard's state and federal complaints of, among other things, race discrimination, retaliation and due process violations. While employed as a guard by the Miami-Dade County Corrections …
Prisoner's Transfer Enjoined Until Hearing to Determine Motivation by A federal district court issued a temporary injunction enjoining Connecticut state prison officials from transferring a prisoner, who was a reporter and columnist for a local newspaper. Prison officials contended the prisoner was not safe in administrative confinement or population from …
$130,000 Settlement in Former Prison Employee Harassment Suit by In 1999, Thomas G. Bailor, filed a law suit against the Delaware Correctional Center (DCC), 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 …
Kentucky: Women Sexually Harassed By Jail Officials Awarded $230,000 Each by On September 18, 2002, a jury in the U.S. District Court for the Eastern District of Kentucky awarded a total of $230,000 to each of two women, former employees of the Whitley County Jail, who alleged sexual harassment and …
Federal Prisoner's Retaliation and Pain Suit Reinstated by John Dasta, a federal prisoner in Minnesota, sued prison administrators and a guard in federal district court, claiming they were deliberately indifferent to his painful back condition, and that they retaliated against him for filing grievances, in violation of the 8th Amendment …
Ex California Female Guards Subjected to Sexual Harassment, Retaliation by Edna Miller and Frances Mackey (plaintiffs), former California Department of Corrections (DOC) guards, were forced to work in a sexually hostile environment at the Valley State Prison for Women due to sexual relationships between the warden, Lewis Kuykendall, and several …
Washington Guard Fails to Establish Employer Retaliation by Lonnie Earles was a guard at the Washington Corrections Center (WCC) near the town of Shelton. In 1994 he settled an employment discrimination suit with the State Department of Corrections (DOC). Over the next several years Earles was transferred from one position …
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