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U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
PLN Writer Exiled by CCA by PLN Writer Exiled by CCA Alex Friedmann is a prisoner and a journalist. Until recently he also warmed a for-profit bunk at the Corrections Corporation of America's (CCA) South Central Correctional Facility in Clifton, Tennessee. That is, until his corporate warders decided that Alex …
Discriminatory Policy Enforcement Actionable by The court of appeals for the eighth circuit held that the discriminatory enforcement of prison policies is actionable as an equal protection violation. William Foster is a black Missouri state prisoner. A prison policy required that all electronic equipment be bought from the prison commissary. …
Article • June 15, 1998 • from PLN June, 1998
Spokane County Corrections Officials Accused of Cover-up by An independent counsel hired by Spokane County, Washington, says that top officials at the county's Geiger Corrections Center wrongly fired a former guard and then conspired to falsify evidence so the firing would stick. The guard, Sandra "Sunny" Pilkington, was fired for …
Louisiana DOC Defiance Rule Unconsitutional by The court of appeals for the fifth circuit held that the Louisiana DOC rule prohibiting "defiance" was facially invalid to the extent that it proscribes prisoners from threatening prison employees "with legal redress during a confrontation situation." The court also held that habeas corpus …
Grievance Exhaustion Required by The court of appeals for the sixth circuit held that 42 U.S.C. § 1997e(a) requires administrative exhaustion of all claims filed after the April 26, 1996, enactment of the Prison Litigation Reform Act (PLRA). Section 1997e(a) states that "no action shall be brought with respect to …
Article • April 15, 1998 • from PLN April, 1998
French Robertson Prisoner Wins Suit by On October 20, 1997, federal court jurors ruled that Texas prison guards assaulted French Robertson prisoner Andre Dunkins in 1996, but awarded no monetary damages. Dunkins, who represented himself, convinced jurors that prison guards Ted Vinita and Robert Steele slapped him repeatedly July 17, …
Refusal to Waive Interest States Claim by The court of appeals for the ninth circuit held that a district court erred when it dismissed a prisoner's claim that he was fired from his prison job when he refused to waive his right to interest accruing to his prison trust fund …
Article • March 15, 1998 • from PLN March, 1998
Snitch Jacketing States 8th Amendment Claim by Afederal district court in New York held that a prison guard calling a prisoner a snitch with the intention of causing the prisoner harm by other prisoners states a claim for violation of the eighth amendment. Anthony Watson, a New York state prison, …
Lucas v. White, CA, Settlement Agreement, Abuse of Inmates, 1998 i v. White • • • • • • • ! ! • H • H PC-CA-009-001 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ROBIN LUCAS, ET AL., Plaintiffs, 8 …
Second Circuit Rules on Appointment of Counsel by The court of appeals for the second circuit held that a district court abused its discretion by denying a pro se prisoner's motion to appoint counsel under a local court rule that conditioned such appointment on the prisoner's claim surviving a motion …
Former Warden Wins Suit Against TDCJ by An Anderson County, Texas, jury found that former Beto I Unit warden Terry Terrell was fired because he reported corruption and violations of the law by other employees of the Texas Department of Criminal Justice (TDCJ). The jury deliberated for nearly four hours …
Trial Required in Retaliation Claim by A federal district court in New York held prison officials were not entitled to qualified immunity in a prisoner's lawsuit claiming he was retaliated against for suing them and that a trial was required to resolve the claims. Nathan Brown, a New York state …
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 …
DC DOC Official Convicted of Contempt by The court of appeals for the District of Columbia Circuit affirmed the criminal contempt conviction of District of Columbia official Sylvia Young. Young was convicted after she harassed and retaliated against women DOC employees who had filed suit claiming that sexual harassment and …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Article • December 15, 1997 • from PLN December, 1997
Massachusetts Prisoner PAC Assailed by Governor, DOC by Dan Pens In mid-August, Acting Massachusetts Governor Paul Cellucci personally directed prison guards to conduct a shakedown of several state prisons. And what contraband were the guards instructed to root out? Weapons? Drugs? No, something much more sinister and threatening to public …
PLN Editor Settles Retaliation Suit by In the May, 1993, issue of PLN we reported that PLN editor Paul Wright had won a reversal and remand from the ninth circuit court of appeals in an unpublished ruling, Wright v. Rebiero, a retaliation suit filed against Washington state prison officials. On …
Texas Parole Case Reversed by In the October, 1996, issue of PLN we reported the class action suit Johnson v. Texas Dept. of Criminal Justice, 910 F. Supp. 1208 (WD TX 1995) in which a federal district court in Texas ordered the state parole board to not consider "protest letters" …
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
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