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$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
$1,000 Awarded in Texas Prisoner's Retaliation Claim by While serving a life sentence at the Coffield Unit in Texas' prison system, Sonny Wilson filed a grievance in August 1996 against guard Patria Perez Lara. He claimed she would wake him up in the middle of the night, would refuse to …
Article • May 15, 2007
$4,000 Paid for Retaliation Claim by In April 1993, a Nevada prisoner sent a letter critical of a prison official to a local newspaper. When prison officials learned of it, the warden disciplined the prisoner, subjecting him to five days of disciplinary detention and certain privileges were revoked, The prisoner's …
Article • May 15, 2007
Unfiled Lawsuit Protected Speech by The plaintiff got a traffic ticket for reckless driving for an incident in which he was injured after a police chase. His attorney then wrote letters to law enforcement demanding that all evidence be preserved, and then he was charged with six criminal counts of …
Article • May 15, 2007
Retaliation Claims Must Be Based On Constitutional Rights by Louisiana State Prisoner Darryl Crockett filed a complaint alleging improper censorship of outgoing mail and retaliation which was dismissed by the district court. Crockett appealed contending that his complaint was erroneously dismissed because he alleged facts in support of a direct …
Threats for Filing Suit Actionable by The plaintiff alleged that an officer repeatedly threatened him because he had brought a lawsuit against the officer's brother. A claim for retaliation for a lawsuit need not meet the requirements for an access to courts claim.The alleged death threats are "malicious and sadistic" …
Article • May 15, 2007
Nominal Damages Verdict Against Nevada Police Upheld by The plaintiff was arrested, but the district attorney declined to prosecute. The plaintiff then filed an excessive force complaint. The officer accused of excessive force notified the district attorney's office, which then filed misdemeanor battery charges against her. The court affirms a …
Retaliatory Transfer Suit Dismissed by The plaintiff alleged that his custody level was increased, he was transferred to a prison where he could not be in general population, and denied parole in retaliation for his filing a private criminal complaint about actions by prison staff. In a heavily fact-based opinion …
Qualified Immunity for Sex Offender Cavity Searches by The plaintiff sex offenders alleged that they were harassed because of their status and were subject to retaliatory body cavity searches. Injunctive relief was not appropriate because there was no allegation that the misconduct was ongoing. Declaratory relief is inappropriate for the …
PA Female Lt. Awarded $37,234 in Faulty Sex Termination by A female Lieutenant at the Allegheny County Jail was awarded $37,234 and reinstated to her job after a County Personnel Board found she was improperly terminated for allegedly having sex with a prisoner. While in the Allegheny County Jail, prisoner …
Article • May 15, 2007
Prisoner Legal Advisor's Transfer Upheld by The plaintiff, an inmate legal advisor, alleged that he was reclassified and transferred in retaliation for filing grievances. At 1037: In this case, the Warden terminated Smith from his position as inmate legal advisor and transferred him to another prison because of his aggressive …
Article • May 15, 2007
Burden of Proof in Retaliatory Transfer Suit Discussed by The plaintiff alleged he was transferred in retaliation for his winning one lawsuit and testifying in another prisoner's suit against an officer. Under the Federal Rules' notice pleading standard, the plaintiff stated a claim. Stating a claim requires only the "bare …
Article • May 15, 2007
BOP Prison Phone Suit Wrongly Dismissed by New federal prison telephone policies limiting prisoners to 300 minutes per calendar month were instituted after the Bureau of Prisons settled an earlier suit about telephone policies. The plaintiff alleged that the earlier settlement was entered fraudulently with intent to retaliate against prisoners …
Retaliation by NY Jail Guards Not Barred by PLRA by The plaintiff complained that the defendants retaliated against him for public criticism of police misconduct. He was arrested on seemingly trumped-up charges, transferred from Orange County to Rikers Island with false information that his claim to have been a police …
Police Retaliation Against Expert Witness States Claim by Intimidating expert witnesses is within the scope of the civil rights conspiracy statute. Expert testimony (in this case, testimony for plaintiff in an excessive force case by instructors at a police academy) is protected speech. Actions by police chiefs and sheriffs to …
Article • May 15, 2007
No Summary Judgment in NJ Control Unit Retaliation Case by The plaintiff alleged that after a Behavioral Modification Unit was discontinued, he (unlike almost everybody else there) was returned to administrative segregation. He alleged this was in response to his having filed a grievance about excessive force against another prisoner. …
Exhaustion Required in Title VII Suits by The plaintiff asserted hostile work environment and violation of merit system claims under Title VII, and defendants asserted she did not exhaust them. However, the plaintiff said that she had grieved her alleged retaliatory discharge and that the arbitrator heard all the underlying …
Stutes v. Tipton et al, VT, Complaint, CCA restraint segregation, 2007 DocUrTIPOt...P° 1 „Filed QV. base 13.1 HICT or H0-7 FH r .r.1 DISTrI&F COURT 711 0 7MAR 30 U STA - FOR THE ".01S CT OF VERIviONT E No. ,.t i . - 6 Kirk STUTES, Plaintiff -uu 11 …
“To Get Stuff and Sell It for As Much As We Can Get”: Federal Prison Industries and Electronics Recycling by Aaron Shuman "To Get Stuff and Sell It for As Much As We Can Get": Federal Prison Industries and Electronics Recycling by Aaron Shuman In recent months, UNICOR Recycling has …
Joe Arpaio: America’s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe Arpaio: America?s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe M. Arpaio, the head lawman over Maricopa County, Arizona, bills himself as "America's Toughest Sheriff." While "toughest" may be subject to debate (literally -- in September, 2006 …
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