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Article • December 15, 2001 • from PLN December, 2001
New York DOCS Settles Welfare Suit; Bans Welfare for Work Release Prisoners by In the April 2001 issue of PLN we reported Friedl v. City of New York , 210 F.3d 79 (2nd Cir. 2000) in which Walter Friedl, a New York Department of Correctional Services (DOCS) prisoner on work …
Jailhouse Lawyering Protected; Frivolous Claims Are Not by John E Dannenberg by John E. Dannenberg The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can …
The Cost of Running Washington's Rape Camps by Paul Wright As the accompanying article, Not Part of My Sentence , makes clear, the sexual abuse of female prisoners by male prison employees is an endemic problem. As past issues of PLN show, this problem is not confined to any single …
Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible by The Seventh Circuit Court of Appeals reversed the District Court's dismissal of Illinois prisoner Terry Johnson's 42 USC §1983 complaint wherein he complained nurse Debbie Stovall filed false disciplinary charges against him in retaliation for his having filed a …
Retaliation Claim Not Foreclosed by Sandin by The Court of Appeals for the Third Circuit held that a prisoner's civil rights complaint for damages due to administrative segregation placement was not foreclosed by the U.S. Supreme Court's Sandin "atypical hardship" rule, when the administrative segregation placement was alleged to be …
Michigan DOC Sex Abuse Suit Nets Nearly $4 Million by Roger Smith On February 7, 2000, Michigan DOC officials agreed to settle a lawsuit with 32 women prisoners for $3,787,000 in damages, costs, and attorney fees. The women sued in a Michigan federal district court after being sexually abused by …
305 Days in New York SHU Is Atypical by 305 Days in New York SHU is Atypical. The Court of Appeals for the Second Circuit held that 305 days in segregation is an "atypical and significant hardship" within the meaning of Sandin v. Conner , 515 U.S. 472, 115 S.Ct. …
Trial Required in Oregon Law Clerk Retaliation Suit by A federal district court in Oregon denied, in part, prison officials' motion for summary judgment on a claim of retaliatory removal from a prison job. The court also rejected prison officials' defense of qualified immunity. State prisoner Darrick Hunter was removed …
Retaliatory Infraction Creates Heck Exception by The Court of Appeals for the Seventh Circuit held a prisoner may bring a 42 U.S.C. §1983 action upon a claim of retaliatory disciplinary action even when the underlying disciplinary action has not been overturned. Illinois prisoner Anthony Dewalt sued various officials at Dixon …
Retaliation Claim Merits Factual Resolution by An Arizona federal district court has held that a prisoner's claims that he was subjected to urinalysis, placed in administrative segregation, classified as a gang member and denied access to the law library as retaliation for filing civil actions against prison officials warranted proceedings …
Leave to Amend Complaint Wrongly Denied by In a brief ruling, the court of appeals for the Eighth circuit held that a district court erred in dismissing a prisoner's lawsuit without giving him leave to add a retaliation claim to the complaint. Jeffrey Williams, an Iowa state prisoner, was transferred …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that could have an impact on prisoners who provide (free of charge) legal assistance to other prisoners. In this column, I discuss this new case and its implications. In April, the Court unanimously decided that …
Prison Doctor Wins $654,471 in Retaliation Suit by John E Dannenberg Prison Doctor Wins $654,471 In Retaliation Suit by John E. Dannenberg Dr. Terence Allen, prison physician at Halawa (Hawai'i) prison, was awarded $111,000 in damages plus $543,360 in attorney fees/costs against prison officials who retaliated against him for speaking …
Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
Washington DOC Settles Sex Harassment Suit for $250,000 by WA DOC Settles Sex Harassment Suit for $250,000 In December 2000, the Washington Department of Corrections paid $250,000 to settle a sexual harassment lawsuit brought by a former community corrections officer who says she was fired after complaining to superiors about …
Welfare Retaliation Suit Reinstated by Walter Friedl, a New York state prisoner, filed a §1983 action complaining that New York City and State officials had improperly revoked his work release program and reincarcerated him because he applied for welfare benefits. The City of New York settled for $20,000 while the …
Texas Deputy Pays Price for Testifying by Without the testimony of former Bexar County (TX) Jail guard Linda Grady, one of her former colleagues would never have been indicted for striking a prisoner, prosecutors say. As it was, Charles Mizell was convicted June 8, 2000 on one count each of …
Fraud Charged by Washington DOC Whistleblower by Dan Pens An employee of the Washington Department of Corrections Office of Correctional Operations contacted the state auditor's office in August 1997 pursuant to the State Whistleblower Act. The unnamed whistleblower [we'll call him/her "Doe"] told the auditor that the DOC used improper …
$115,000 Settlement Where Guards Fed NY Prisoner Ground Glass by In September 1999, New York prison officials settled a lawsuit by prisoner Teno Gee for $115,000 in damages. Gee was the chairman of the Inmate Liaison Committee at the Great Meadow Correctional Facility in Comstock. In that capacity Gee had …
MO Prisoner Awarded $130,000 in Retaliation and Haircut Claims by On February 4, 2000 a federal jury in the Eastern District of Missouri awarded $130,000 in damages to Jerry McCrary. McCrary, who is black, filed suit claiming that while imprisoned at the Potosi Correctional Center in Missouri on August 16, …
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