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PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
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 …
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 …
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. …
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 …
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 …
Article • January 15, 2001 • from PLN January, 2001
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 …
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 …
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 …
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 …
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 …
Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation by Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation The Second Circuit court of appeals has upheld the warrantless search of a prisoner's cell by guards acting for police detectives. $401 in damages was awarded for …
PLRA Attorney Fees Cap Violates Equal Protection Clause by by Matthew T. Clarke A federal district court in Michigan has held that the attorney fees cap in the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(d), violates the equal protection component of the Due Process Clause of …
West Virginia Supreme Court Upholds Computer Ban by In the February, 1998, issue of PLN we reported that the West Virginia Department of Corrections (DOC) had prohibited its prisoners from having personal computers in their cells. In the previous decade West Virginia, New Jersey, Wyoming, Alaska and a prison in …
Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …
Media Interview Protected Free Speech by A federal district court in Pennsylvania held that the transfer of a prisoner for his participation in a pre-authorized media interview and his subsequent correspondence with the newspaper reporter violated the prisoner's constitutional rights. Prison officials were denied qualified immunity and the prisoner was …
Adequate Opportunity for Discovery Required by The court of appeals for the Second Circuit held that when a pro se prisoner brings a colorable claim against supervisory prison officials, and those officials respond with a dispositive motion based on the prisoner's failure to identify the real culprits, dismissal should not …
Parole Officer Recommendation Not Protected by Absolute Immunity by Parole Officer Recommendation Not Protected by Absolute Immunity The court of appeals for the second circuit held a parole officer who recommended that a warrant be issued for a parolee's arrest was not entitled to absolute imunity. John Scotto, a felony …
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