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Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …
Unauthenticated Evidence Does Not Support Summary Judgment by by Matthew T. Clarke A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated. Richard Allen Kleven, II, a Texas …
Wackenhut's Legacy of Shame in Austin by by Matthew T. Clarke The price of attending the March 1997 South by Southwest Music Festival in Austin, Texas, came very high for Dallas record producer David Prater. Busted for a minor drug possession, in 1998 Prater was sentenced to 250 days in …
Washington Retaliation Suit Settled for $2,500 by On February 27, 2002, the Washington DOC settled a prisoner claim of retaliation for his having filed a grievance and a lawsuit, for $2,500. Airway Heights Correctional Center prisoner Douglas Gallagher was employed in the food factory production facility on a day when …
Military Prisoners Cannot Sue Over Conditions of Confinement by In a landmark decision, the United States Tenth Circuit Court of Appeals, affirming the United States District Court of Kansas, has held that a military prisoner cannot sue over conditions of confinement in a military prison, even if the prisoner is …
Overt Act Unnecessary to Allege Conspiracy Claim in 7th Circuit by The United States Court of Appeals for the Seventh Circuit held that it is not necessary to allege an overt act to state a conspiracy claim. The court also held that dismissal of a prisoner's retaliation claim for failure …
Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine by John E Dannenberg by John E. Dannenberg The Third Circuit US Court of Appeals held that a New Jersey statute providing for seizure of a prisoner's federal veterans' disability benefits check to pay a state restitution fine was void …
Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams The Court of Appeals for the DC Circuit has held that the reclassification and …
Ex-Employee Wins $500,000 Religious Discrimination Award Against TDCJ by The Texas Department of Criminal Justice (TDCJ) will appeal a half-million dollar judgment against it in favor of an ex-employee who claims she was forced to retire early after complaining of religious discrimination. Vicki Allen-Curry, an ex-employee, sued TDCJ and Richard …
Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim by The U.S. Eighth Circuit Court of Appeals has reversed and remanded in part a North Dakota Federal District Court's dismissal of a state prisoner's claim that he was denied treatment for hepatitis C. Dale J. Burke is a prisoner …
California Pays $1.1 Million in Prison Sexual Harassment Suits by In August 2002, California prison officials agreed to pay a settlement of $400,000 to former guard Terri Sanchez in the latest in a series of suits for aggravated sexual harassment filed by female guards at the California Correctional Center in …
Florida PLN Writer Settles Retaliation Suit for $3,000 by David Reutter by David M. Reutter A 42 U. S. C. § 1983 action filed in a Florida State Court alleging retaliatory job changes for the filing of grievances and lawsuits that challenged the general living conditions at Glades Correctional Institution …
New Jersey Jail Guards Awarded $1.2 Million Following Retaliation for Protesting Jail Conditions by On April 10, 2002, a federal jury in New Jersey awarded four Atlantic County Jail guards $300,000 each for retaliation taken against them after they publicly protested unsafe jail conditions. In May, 1997, Edward Clopp, Noriss …
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified by The Ninth Circuit Court of Appeals held that factual issues precluded summary judgment on a prisoner's free speech claim and that dismissal with prejudice of his remaining claims was an abuse of discretion. Idaho prison regulations require prisoners to shave daily. …
VP's Drug Dealer Retaliation Claim Ordered to Trial by In a case that has continued on and on like the Energizer Bunny, the District of Columbia has denied the Bureau of Prisons defendants' latest motion for summary judgment and ordered a trial. This case was filed in 1990 by Brett …
Georgia Parole Corruption Deepens by Gary Hunter A trail of corruption, greed, and cronyism has led to the indictment of a Georgia senator, the dismissal of an assistant attorney general and the resignation of six parole board members including the director and the chairman. Van Streat was suspended from his …
Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense by Bob Williams Thaddeus-X Standard Retroactive Except For Qualified Immunity Defense by Bob Williams A federal district court in Michigan has held that the Thaddeus-X standard, rather than the "shocks the conscience" standard, is applicable to claims of guard retaliation for prisoners …
$90,169 Plus Injunction in California Retaliation Suit by by John E. Dannenberg In a jailhouse lawyer retaliation suit where both expungement of prison records and $9,000 in damages were awarded, the US District Court (E.D. Calif.) awarded $2,000 for expenses, $8,447 in costs and $70,812 in attorney fees because the …
Hawaii Prison Doctor's Retaliation Judgment Upheld by The Ninth Circuit US Court of Appeals affirmed the USDC (D. Hawaii) judgment [PLN, June 2001: "Prison Doctor Wins $654,471 In Retaliation Suit"] based on First Amendment violations, expressly noting that in such retaliation suits, "mixed-motive" analysis applies regardless of whether the plaintiff …
Denial of Reporter's Access to Jail Unconstitutional by An Illinois Federal District Court has granted summary judgment in favor of a reporter denied access to the Cook County Jail. Access to a legal aid program for incarcerated mothers was denied in retaliation for a previously published and unflattering article. Tori …
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