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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 …
Death Row Prisoners Keep Right to Contact Visits with Counsel by The court of appeals for the tenth circuit has held that condemned and maximum security prisoners held in an Oklahoma control unit are entitled to contact visits with their attorneys. The court also held that all violations of prisoners' …
Law on Retaliation Well Established in 9th Cir. by In the October, 1993, issue of PLN we reported Schroeder v. McDonald, 823 F. Supp. 750 (D HI 1993) in which a Hawaii prisoner filed suit over a retaliatory transfer from a minimum to a medium security prison. The district court …
Supreme Court Rejects Govt Inter-Locutory Appeals in Civil Rights Suits by In a significant ruling the supreme court, in a unanimous opinion, has held that public officials who are sued cannot file inter-locutory appeals when a district court denies their motion for summary judgment based on the sufficiency of 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 …
Article • June 15, 1995 • from PLN June, 1995
Gangs in OH by Reader Mail Earlier this year I found myself locked down in a series of segregation units, ultimately being placed in administrative control. I was charged (and found guilty) of an all encompassing violation that reads: "Participating in or organizing, whether individually or in concert with others, …
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 …
Retaliatory Threats Illegal by Leon Burgess is a Missouri state prisoner. Burgess disrupted a prison disciplinary hearing and guards responded by holding him down, while he was handcuffed, as another guard tried to force a towel into his mouth. When that failed the guard wrapped the towel around Burgess neck …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
Article • May 15, 1995 • from PLN May, 1995
MS Prison Rights Litigator Threatened by Julio Wicks is a pro se litigator who has been struggling for years to improve conditions at Mississippis Parchman Penitentiary, which he characterizes as a "Plantation." As he puts it, "There are 8,000 Black slaves [of a total prison population of 10,000] on this …
Article • May 15, 1995 • from PLN May, 1995
Ohio Activist Needs Help by John Perotti Readers of this paper will recall my article "Spilt Milk", detailing human rights abuses at the Southern Ohio Correctional Facility (Luke) located in Lucasville, OH and how I was set up in retaliation for witnessing the beating of an inmate and writing about …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
Retaliatory Infraction Illegal by Donald Dixon is a Missouri state prisoner. He filed suit under 42 U.S. C. § 1983 after a prison guard filed a retaliatory disciplinary charge against him after he filed a grievance. The district court granted summary judgment in favor of the guard because the disciplinary …
S.Ct. to Hear Quayle Retaliation Claim by On January 20, 1995, the US Supreme Court announced that it had granted certiori to hear a prison retaliation case and it may have an interesting effect on the 1996 presidential campaign if Dan Quayle, George Bush's former vice president, changes his mind …
Tight Handcuffs State Claim by Ronald Davidson is a New York state prisoner. While being transported to the segregation unit of another prison he was handcuffed and shackled. The devices were so tight that they cut into Davidson s flesh and reduced circulation into his hands and feet, causing swelling. …
Brief • December 23, 1994
Filed under: Retaliatory Transfers
Wright v. Rebiero, WA, Order, Retaliatory Transfer, 1994 1 2 AT SEATTLE OURT CLERIC. US. DC1IS~~~~H1NGT~~ 3 WESteRN DISlRI BY 4 5 6 J ,- 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 AUL A. WRIGHT, plaintiff, 12 v. NO. C90-396R ORDER ADOPTING …
PI Issued for Prisoner Transfer by Elmer Geronimo Pratt is a political prisoner in the California state prison system. A former Black Panther imprisoned since 1972, Pratt has achieved prominence by vigorously claiming his innocence and that he was framed by the FBI for a murder he did not commit …
Retaliation Suit Requires Trial by Allan Dillon is a Virginia state prisoner who was raped by another prisoner. Lawrence Dury was the Virginia DOC (VDOC) internal affairs investigator assigned to investigate the rape. During a search of Dillon's cell pursuant to the investigation, Dury discovered papers indicating that Dillon was …
Retaliation for Grievances Illegal by Gary Hines is a California state prisoner. Hines filed suit claiming that prison guards had broken his television set in retaliation for administrative grievances he had filed against them. After filing a grievance against the guards who allegedly broke his television, another guard infracted him …
Failure to Treat Teeth States Claim by Mark Kinney is a Missouri state prisoner. Kinney went to the prison dentist, Dr. Kalfus, for removal of a tooth that was chipped and decayed, to have a cavity filled and for treatment of gum disease. Kalfus pulled the wrong tooth and acknowledged …
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