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NY DOCS Guard Nets $300,000 for ADA Retaliation
Article • January 15, 2001 • from PLN January, 2001
Filed under: Retaliation against Staff, Respiratory, Smoking, Civil Procedure, Damages, Injunctions, Americans with Disabilities Act, Employee Litigation
NY DOCS Guard Nets $300,000 for ADA Retaliation by The U.S. court of appeals for the Second Circuit held that the absence of a finding of disability in a guard's Americans with Disabilities Act (ADA) claim did not preclude a finding that the guard's employer retaliated against him for bringing …
DC District Court Denies Guards' Summary Judgment Retaliation Case
Article • January 15, 2001 • from PLN January, 2001
Filed under: Sexual Harassment, Staff-Prisoner Harassment, Racial Discrimination, Retaliation for Filing Grievances, Liberty Interests, Retaliatory Discipline, False Charges (Disciplinary Hearings), Parole, Qualified Immunity, Supervisory Liability
DC District Court Denies Guards' Summary Judgment Retaliation Case by A federal district court in the District of Columbia has denied prison guards' motion for summary judgment and set for trial a civil rights suit alleging that guards retaliated against prisoners who complained of a guard's repeated unsolicited sexual propositions. …
High Standard of Proof for Retaliation Claims
Article • January 15, 2001 • from PLN January, 2001
Filed under: Retaliation for Litigating, Court Access, Legal Materials, Court Appearances
High Standard of Proof for Retaliation Claims by On remand, a federal district court in New York held that a state prisoner failed to establish "actual injury" in his access to court claims, nor did he show that prison officials acted with a retaliatory animus. Once again, summary judgment was …
No Immunity for Ignoring Prisoner Work Restrictions
Article • January 15, 2001 • from PLN January, 2001
Filed under: Retaliation for Filing Grievances, Work, Prison Labor, Inability to Work, Workplace Injury, Work Conditions/Safety, Injury -- Misc., Retaliatory Discipline, Eighth Amendment, Qualified Immunity
No Immunity for Ignoring Prisoner Work Restrictions by Ronald Young No Immunity For Ignoring Prisoner Work Restrictions by Ronald Young A federal district court for the Eastern district of New York held that a prisoner's allegations that he was required to perform sanitation duties despite a doctor's orders to the …
Fired Washington Parole Officer Wins $250,000 Settlement
Article • December 15, 2000 • from PLN December, 2000
Filed under: DOC/BOP misconduct, Retaliation against Staff, Victims, Settlements, Parole, Immunity/Liability, Parole Liability, Employee Litigation
Fired Washington Parole Officer Wins $250,000 Settlement by Washington state parole officer Barbara A. Nelson was fired in 1998 after the state was hit for more than $6.4 million to pay off lawsuits alleging negligence for her failure to property supervise parolees. Three men whose cases Nelson handled killed three …
Whistle-blowing Doctor Shakes Up Nebraska DOC
Article • November 15, 2000 • from PLN November, 2000
Filed under: Medical Misconduct, Retaliation, Retaliation against Staff, Whistleblowing, Systemic Medical Neglect, Medical Neglect/Malpractice, Employee Litigation, American Correctional Association
Whistle-blowing Doctor Shakes Up Nebraska DOC by Dan Pens I have a story to tell--about how a doctor can be used to kill patients. I will talk to anybody you want me to. I spent twelve years of my life, and these people push me around and turn me into …
New York Prisoners Have Ad-Seg Liberty Interest
Article • November 15, 2000 • from PLN November, 2000
Filed under: Retaliation for Filing Grievances, Liberty Interests, Informants (Disciplinary Hearings), Retaliatory Discipline, False Charges (Disciplinary Hearings), Immunity/Liability, Judicial Immunity
New York Prisoners Have Ad-Seg Liberty Interest by A Federal district court in New York held that prisoners have a protected liberty interest in remaining free from administrative segregation. On February 11, 1987 New York state prisoner, Santiago Ramirez, was served a Tier Three Disciplinary case for possession of a …
Retaliatory Denial of WA Parole Decision Vacated
Article • November 15, 2000 • from PLN November, 2000
Filed under: Misconduct/Corruption, Parole Board Misconduct, Retaliation for Litigating, Parole
Retaliatory Denial of WA Parole Decision Vacated by The Washington state Supreme Court, sitting En Banc held that Washington's Indeterminate Sentencing Review Board (ISRB) improperly considered a history of filing litigation and grievances against prison officials, in finding that a prisoner was unfit for parole. During a 1997 parole consideration …
MI Hearing Officer Fired for Following Law
Article • November 15, 2000 • from PLN November, 2000
Filed under: Racial Discrimination, Retaliation against Staff, Hearing Officers, Civil Procedure, State Law Claims, Employee Litigation
MI Hearing Officer Fired for Following Law by The Sixth Circuit Court of Appeals held that fact issues existed as to whether a major misconduct decision maker employed by the Michigan Department of Corrections (MDOC) was retaliated against and fired, for failing to maintain a 90% misconduct conviction rate and …
Detainee's Excessive Force Claim Requires Trial
Article • November 15, 2000 • from PLN November, 2000
Filed under: Retaliation for Litigating, Excessive Force, Guard Brutality/Beatings, Religious Property
Detainee's Excessive Force Claim Requires Trial by The Federal District Court for the Southern District of New York denies dispositive motion to dismiss excessive force and religious discrimination retaliation claims brought against Putnam County Jail Sheriff and two guards by pretrial detainee Kareem Ali. Ali alleged that while he was …
Ohio Prison Food Contract Sparks Controversy
Article • October 15, 2000 • from PLN October, 2000
Filed under: Food/Commissary (Private Prisons), Contractor Misconduct, DOC/BOP misconduct, Retaliation, Retaliation against Staff, Food
Ohio Prison Food Contract Sparks Controversy by In 1998 senior officials of the Ohio Department of Rehabilitation and Correction (DORC) were convinced that outsourcing prison food service would be the next great leap forward for Ohio penology. So they bid out a contract for private firms to provide food service …
VP's Drug Dealer Still Litigating Retaliation Claim
Article • October 15, 2000 • from PLN October, 2000
Filed under: Retaliation, Retaliation for Media Contact, Qualified Immunity
VP's Drug Dealer Still Litigating Retaliation Claim by The court of appeals for the District of Columbia circuit held that law-of-the-case doctrine foreclosed a challenge to a legal decision made at an earlier stage of the litigation and that the district court must determine whether government officials were motivated by …
Claim Exhausted When Prison Refuses Grievance Appeal
Article • October 15, 2000 • from PLN October, 2000
Filed under: Disabled Prisoners, Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Claim Exhausted When Prison Refuses Grievance Appeal by The court of appeals for the Eleventh circuit held that a Georgia prisoner had exhausted his administrative remedies as required under the Prison Litigation Reform Act (PLRA) when the prison refused to process his grievance appeal. Tracy Miller, a paraplegic Georgia state …
U.S. Parole Commission Retaliation Reversed
Article • September 15, 2000 • from PLN September, 2000
Filed under: Misconduct/Corruption, Parole Board Misconduct, Retaliation for Litigating, Parole, Habeas Corpus
U.S. Parole Commission Retaliation Reversed by Scott Fleming The Ninth Circuit U.S. Court of Appeals issued a ruling that safeguards the due process rights of prisoners whose release dates are committed to the discretion of parole agencies. In Bono v. Benov, 197 F.3d 409 (9th Cir. 1999), the court affirmed …
Sixth Circuit Orders Retrial of Retaliation Suit
Article • July 15, 2000 • from PLN July, 2000
Filed under: Work Release, Transfers, Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, Evidentiary Ruling, Jury Instructions
Sixth Circuit Orders Retrial of Retaliation Suit by by Matthew T. Clarke The Sixth Circuit court of appeals has ordered the retrial of a lawsuit by the surviving mother of a deceased ex-prisoner against a guard who allegedly retaliated against her son because the mother requested the guard's name and …
Retaliation Claim Remanded for Hearing on Qualified Immunity
Article • July 15, 2000 • from PLN July, 2000
Filed under: Retaliation for Litigating, Exercise, Court Access, Court Appearances, Appeals, Witnesses, Religious Freedom Restoration Act, Qualified Immunity, Religious Diet
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
$1,800 Awarded in PA Retaliation Suit
Article • July 15, 2000 • from PLN July, 2000
Filed under: Retaliation, Retaliation for Filing Grievances, Damages
$1,800 Awarded in PA Retaliation Suit by On June 25, 1999, U.S. district court judge James McClure Jr. awarded $1,800 in damages to a Pennsylvania jail prisoner who was retaliated against for complaining about jail conditions. The judge also awarded $1 in nominal damages to another prisoner with a similar …
Retaliation Claim Requires Trial
Article • June 15, 2000 • from PLN June, 2000
Filed under: Out of State Transfers, Religious Discrimination, Retaliation for Filing Grievances, Retaliatory Transfers, Crime/Demographics, Informants
Retaliation Claim Requires Trial by The court of appeals for the Eighth circuit held that a trial was required to determine if a prisoner was retaliated against for exercising his right to religious freedom. The court also held that prisoners have no right to encourage other prisoners to file grievances …
Black Prison and Jail Employees Win Discrimination Lawsuits
Article • May 15, 2000 • from PLN May, 2000
Filed under: Racial Discrimination, Retaliation, Retaliation against Staff, Damages, Employee Litigation
Black Prison and Jail Employees Win Discrimination Lawsuits by Kentucky In October 2002, a federal jury awarded a former Fayette County Jail guard $196,000. James Young Sr., an African American, was fired from the jail in 1993 after complaining for over a year that black workers at the jail were …
Retaliation, Publication Ban and Lack of Dental Care States Claim
Article • May 15, 2000 • from PLN May, 2000
Filed under: Threats by Staff, Retaliation for Filing Grievances, Dental Care, Water, Supervisory Liability, Publications/Books, Mail Regulations, Control Units/SHU/Solitary Confinement
Retaliation, Publication Ban and Lack of Dental Care States Claim by The court of appeals for the Eighth circuit held that a prisoner's complaint that he was retaliated against for using the prison grievance system, denied access to all publications and denied dental care, stated a claim. Missouri prisoner Percy …
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