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Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim by Conclusory Allegations Held Not "Some Evidence" in Prisoner Retaliation Claim The Eighth Circuit Court of Appeals has held that conclusory statements referencing investigative reports not in the record cannot be used by prison officials as "some evidence" to show …
Article • January 15, 2003 • from PLN January, 2003
The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes by Alan Prendergast As an aspiring 26-year-old writer with a dark past, Mark Jordan figures he has plenty to tell the world. He has stories about bank robberies, for instance, and the many episodes of violence …
Article • December 15, 2002 • from PLN December, 2002
Dismissal of Legal Mail and Retaliation Claims Reversed by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has reversed the district court's dismissal of claims that prison officials violated a prisoner's right of access to courts and retaliated against him for litigating against them. William R. …
New York Prisoner's Denial of Exercise Claim Set for Trial by The United States District Court for the Southern District of New York has denied summary judgment in part to high-ranking officials of the New York Department of Correctional Services (DOGS) and to a prisoner plaintiff and has set for …
Article • November 15, 2002 • from PLN November, 2002
Pennsylvania Jail Settles Retaliation Suit for $10,000 by In April, 2000, the Schuylkill County Prison in Pennsylvania, paid $10,000.00 to settle a law suit filed by pro se prisoner, Michael Andrew Spina. Spina complained that he was retaliated against by jail officials and other staff for filing a previous law …
PLRA Attorney Fee Cap Applies to Fees on Fees by John E Dannenberg by John E. Dannenberg In a case of first impression, the Fifth Circuit US Court of Appeals ruled that the Prison Litigation Reform Act (PLRA) fee cap limiting recovery of a prevailing prisoner plaintiff's attorney fees to …
Article • September 15, 2002 • from PLN September, 2002
Sixth Circuit Rules PLRA 150% Fee Cap Constitutional by by Matthew T. Clarke The Sixth Circuit court of appeals has held that 42 U.S.C. § 1997e(d)(2), the section of the Prison Litigation Reform Act, which limits losing civil rights defendants' liability to 150% of the damage award, did not violate …
Article • September 15, 2002 • from PLN September, 2002
Florida Guard's Threat of Death Requires Summary Judgment Denial by A federal district court in Florida has denied summary judgment to a guard that threatened violence against a prisoner who filed a lawsuit against the guard's brother. While confined at Florida's Liberty Correctional Institution, prisoners Joseph Wilson and David Croft …
Texas Jail Chaplain Rapes Female Prisoners by A federal district court in Texas held that genuine issues of material fact precluded summary judgment on a female prisoner's claims under 42 U.S.C Section 1983 arising from her being raped by a jail chaplain and retaliated against for speaking out about the …
Texas Prisoner Wins $130,000 from Jail for Poor Care, Beatings by A Texas state prisoner won $130,000 in damages after it was shown that he was denied medical care and not protected from violent prisoners while held at Williamson County Jail near Austin. Martin DiCarlo, 39, filed suit in U.S. …
Article • July 15, 2002 • from PLN July, 2002
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Grievance Retaliation States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Arkansas prisoner's claim that he was subjected to false disciplinary charges in retaliation for filing grievances against a prison employee. The court upheld the dismissal of a …
Article • May 15, 2002 • from PLN May, 2002
$50,000 Settlement in D.C. Retaliation Suit by In the January 2001, issue of PLN we reported Garcia v. District of Columbia, 56 F. Supp.2d 1 (D DC 1998) in which the district court denied prison guards' motion for summary judgment. District of Columbia prisoners Freda Garcia, Lawrence Caldwell and Antonio …
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
Article • March 15, 2002 • from PLN March, 2002
$15,000 in Allergy/Retaliation Suit by $15,000 in allergy/retaliation suit Between October of 1994 and August of 1995, Ricardo Bowman was confined at WSR. Mr. Bowman repeatedly complained of severe allergic reactions to dust, dust mites, and certain foods. These reactions caused pain and swelling in his eye, head, neck, and …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Article • January 15, 2002 • from PLN January, 2002
Michigan Prisoners Awarded Nearly $7,000 for Retaliatory Transfers by Lonnie Burton In February 2001, a federal judge ruled that two Michigan prisoners are entitled to almost $7,000 in damages after they were unjustly punished by the state Department of Corrections when they were transferred to highersecurity prisons. The transfers came …
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