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Edwards No Bar to Seg Suit by Afederal district court In Michigan held that a retaliatory infraction lawsuit could be pursued via 42 U.S.C. § 1983 even though the disciplinary bearing result bad not been invalidated. The court also held that the plaintiff's claim that a guard had threatened to …
Retaliatory Beating of Prisoner Is Triable Fact Issue by Afederal district court in New York has held that a prisoner who alleged he was beaten by guards in retaliation for filing grievances against the guards presented a disputed material fact issue precluding summary judgment for the guards. Ramel Mahotep, a …
More Evidence Required in Retaliatory Infractions by The court of appeals for the ninth circuit held that when guards falsely accuse prisoners of misconduct in retaliation for the exercise of constitutional rights, the guard's accusation is not entitled to deference under the "some evidence" standard of review normally used in …
Iowa Grievance Retaliation Suit Set for Trial by A federal district court in Iowa held that an Iowa DOC practice of punishing prisoners who filed grievances may violate the first amendment. The court also held that a higher standard of proof than the "some evidence" standard, was required before prisoners …
Jury Trial May Require Plaintiffs' Presence by The court of appeals for the fifth circuit held that a district court erred in not allowing two pro se prisoner litigants to be present when their case went to a jury trial. The court also found error in the manner in which …
Iowa Retaliation Verdict Affirmed by In the March, 1994, issue of PLN we reported Goff v. Burton, 7 F.3d 734 (8th Cir. 1993) in which the eighth circuit court of appeals reversed a district court ruling in favor of George Goff, an Iowa prisoner who was retaliated against by prison …
Grievance Retaliation Unconstitutional by The court of appeals for the second circuit reaffirmed that prison officials violate the constitution when they retaliate against prisoners who file administrative grievances. The court discussed the standard of review in prison retaliation cases. Patrick Graham is a New York state prisoner. After prison grievance …
Right to Witnesses and Court Access Well Established by A federal district court in Kansas held prisoners had a well established rights in 1984 to call witnesses at disciplinary hearings and to be free from retaliation for exercising their right of access to the courts. Jerry Smith, a Kansas state …
Retaliation for Grievance Committee Participation Requires Trial by A federal district court in New York held that a prisoner who serves on a prison grievance committee cannot be retaliated against for assisting other prisoners in filing grievances. Jeffrey Alnutt, a New York state prisoner, filed suit claiming his first amendment …
Retaliatory Transfer and Discipline Unconstitutional by The court of appeals for the eighth circuit affirmed an award of damages and attorney fees to an Iowa prisoner who was infracted and transferred after he cooperated with an investigation into guard misconduct. Robert Cornell was contacted in 1987 by DOC internal affairs …
No Due Process in Seg Placement by In the August, 1995, issue of PLN we reported Sandin v. Conner, 115 S.Ct. 2293 (1995) in which the supreme court held that prisoners have no due process rights in disciplinary hearings as long as the length of their sentence is not affected, …
Grievance Discipline Struck Down by The court of appeals for the ninth circuit affirmed a lower court ruling that found Oregon DOC rules that punished prisoners for using hostile, sexual, abusive or threatening language in their written grievances to be unconstitutional. Jeff Bradley, an Oregon state prisoner, was infracted for …
Discrimination Dismissal Reversed by The court of appeals for the eleventh circuit held that prisoners have a right to be free from racial discrimination and that direct evidence of such discrimination will usually make summary judgment inappropriate. Vincent Harris, a Florida state prisoner, filed suit against several prison guards and …
Grievance Retaliation Unlawful by A federal district court in Michigan has held that it is unlawful for prison officials to retaliate against prisoners who complain of misconduct by guards and for prison officials to read legal mail sent to prisoners from the courts. Those claims were set for trial and …
No Immunity for Retaliatory Discipline by The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are …
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Retaliatory Discipline Violates Due Process by A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and …
Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
Retaliatory Infraction States Claim by An Illinois district court has reaffirmed that prisoners retain a first amendment right to complain about prison conditions without fear of being subjected to retaliation by prison officials. Selma Geder, an Illinois state prisoner, filed numerous administrative grievances complaining about prison conditions. In retaliation for …
Retaliatory Infractions Illegal by Prison employees are forbidden from filing false disciplinary charges against prisoners in retaliation for prisoner complaints against other employees. Milton Payne, a New York state prisoner, witnessed a prison guard set a fire in a cell and reported this to prison authorities. Shortly thereafter prison guards …
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