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Retaliation for Litigation, Grievances States Claim by A New York federal district court held the prisoner in this civil rights action stated a claim for retaliation and failure to provide adequate medical care. This action was filed by a New York prisoner transferred from the Elmira Correctional Facility to the …
Article • May 15, 2007
$2,025 Paid in Washington Prisoner's Retaliation Claim by While a prisoner at Washington's Airway Heights Correction Center, Donald W. Miniken received a standard classification hearing on March 1997. At the hearing, Miniken's legal activities were discussed. The hearing resulted in Miniken losing 12 custody points for not programming despite him …
Article • May 15, 2007
Prisoner's Retaliation Claims Dismissed by The U.S. Ninth Circuit Court of Appeals has effectively ended the claims of Kevin Murphy, a prisoner at the Montana State Prison (MSP), who had alleged that MSP officials had violated his First Amendment rights by retaliating against him for writing a letter to a …
Access Denied to Law Library; Claim Stated; Summary Judgment Vacated by The U.S. Fourth Circuit Court of Appeals, vacating in part the grant of summary judgment by the U.S. District Court, Western District of Virginia, to state prison officials, held that a Virginia state prisoner who alleged -- among other …
Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed by Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed The U.S. Sixth Circuit Court of Appeals reversed the U.S. District Court, Northern District of Ohio, in a claim of retaliation made by a Buddhist prisoner against officials of the North …
Transferred Prisoner States Claim As To Legal, Indigent Mail Policies by The United States Eighth Circuit Court of Appeals held that a prisoner's 42 U.S.C. § 1983 action against prison officials stated a claim as to prison policy of not providing free postage or writing supplies for legal correspondence, forbidding …
Former Guard's Sexual Harassment Suit Against CCA Dismissed by The United States District Court for the District of Columbia held that a former guard suing CCA of Tennessee under the District of Columbia Human Rights Act (DCHRA) had not proven she was subjected to a hostile work environment, that lack …
$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
Article • May 15, 2007
Unfiled Lawsuit Protected Speech by The plaintiff got a traffic ticket for reckless driving for an incident in which he was injured after a police chase. His attorney then wrote letters to law enforcement demanding that all evidence be preserved, and then he was charged with six criminal counts of …
Threats for Filing Suit Actionable by The plaintiff alleged that an officer repeatedly threatened him because he had brought a lawsuit against the officer's brother. A claim for retaliation for a lawsuit need not meet the requirements for an access to courts claim.The alleged death threats are "malicious and sadistic" …
Article • May 15, 2007
Burden of Proof in Retaliatory Transfer Suit Discussed by The plaintiff alleged he was transferred in retaliation for his winning one lawsuit and testifying in another prisoner's suit against an officer. Under the Federal Rules' notice pleading standard, the plaintiff stated a claim. Stating a claim requires only the "bare …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical by Injury Required in First Amendment Cases In a 2-1 decision, the Eighth Circuit of Appeals held that the Prison Litigation Reform Acts (PLRA) emotional injury bar on compensatory damages of 42 USC § 1997e(e) applies to First Amendment cases. The court …
$1,250 Settlement in Oregon Retaliation, Court Access Claims by A federal court in Oregon denied prison officials qualified immunity on a prisoners freedom of association, access to courts and retaliation claims. The association and retaliation claims were later settled for $1,250 and a transfer to another prison. On December 21, …
Colorado Teenagers Raped By Guards Settle For $165,000 Each by Michael Rigby In August 2004, two teenage girls raped by guards at a Colorado juvenile prison settled their lawsuits for $165,000 apiece. Both girls had been imprisoned at the Youthful Offender System (YOS), which is operated by the Colorado Department …
Article • May 15, 2005 • from PLN May, 2005
Vermont DOC Settles PLN Writer's Suicide Suit for $750,000 by David Reutter On October 14, 2004,the estate of PLN contributing writer James Quigley sued the Vermont Department of Corrections (V.D.O.C.) and several V.D.O.C. employees, alleging their mistreatment of Quigley resulted in his suicide death. Four months later the state settled …
Article • May 15, 2005 • from PLN May, 2005
Vermont DOC Settles PLN Writer's Suicide Suit for $750,000 by On October 14, 2004,the estate of PLN contributing writer James Quigley sued the Vermont Department of Corrections (V.D.O.C.) and several V.D.O.C. employees, alleging their mistreatment of Quigley resulted in his suicide death. Four months later the state settled the suit …
Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld by by Michael Rigby A disabled Delaware prisoner's $100,000 damage award for retaliation will stand, a federal district court in Delaware has held. On August 20, 1999, Roger Atkinson, a blind prisoner with a host of medical problems, sued Delaware prison officials …
Article • March 15, 2005 • from PLN March, 2005
Idaho Prisoner States Valid Retaliation Claim Against Parole Commission by Idaho Prisoner States Valid Retaliation Claim Against Parole Commission The Idaho Court of Appeals held that material fact issues regarding a prisoner's claim that he was retaliated against because of his litigious activities precluded summary judgment of his lawsuit against …
New York Prisoner's Retaliation Suit Remanded for Trial by The Second Circuit Court of Appeals has reversed a district court's grant of summary judgment to guards in a prisoner's retaliation suit. This action was filed by New York prisoner Anthony Bennett, alleging he was retaliated against for successfully prosecuting a …
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