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More Evidence Required in Retaliatory Infractions
Loaded on Dec. 15, 1997
published in Prison Legal News
December, 1997, page 27
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 prison disciplinary decisions. The court also held ...
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More from this issue:
- Massachusetts Prisoner PAC Assailed by Governor, DOC, by Dan Pens
- Prisoner PAC Announces Formation
- Trial Required in Retaliation Claim
- Arizona Holiday Package Decree Modified
- Supreme Court Rulings Trickle Down: Washington Civil Commitment
- From the Editor, by Dan Pens
- Supreme Court Rulings Trickle Down: WA Good Time
- Arizona Death Row Chain Gang Killing
- Supreme Court Rulings Trickle Down: RFRA
- Pro Se Tips and Tactics (Summary Judgments), by John Midgley
- Ohio Overtime Gravy
- Leon County Employees Replaced by Slaves
- Private Prisons Cheaper?
- Jury Awards $201,501 to Raped Indiana Prisoner, by John Emry
- AEDPA Applies to Prison Disciplinary Hearings
- The Poor Get Poorer - The Rich Get Prisons
- Uprisings in New York State Prisons, by Julia Lutsky
- A Matter of Fact
- NJ Guards Threaten Walkout Over Vests
- Second Circuit Approves Disciplinary Hearing Surcharge
- Utah Prisoners May Build Own Cages
- AA Still Violates the Establishment Clause
- U.S. and Russia Reaching Record Levels of Incarceration
- Eleventh Circuit Approves and Applies the PLRA, by James Quigley
- Fifth Circuit Rules on Appeals to Denials of IFP Status
- D.C. Prisoners Win No Smoking Injunction
- More Ohio Jail Construction Corruption
- Frivolous State Litigation, by Paul Wright
- GAO Reports Available: Private and Public Prisons, by Julia Lutsky
- GAO Reports Available: Federal and State Prisons, by Julia Lutsky
- Pepper Spray Report, by Julia Lutsky
- New York State Drug Sentencing Report, by Julia Lutsky
- The Abuse of U.S. Women Prisoners, by Julia Lutsky
- Qualified Immunity in Failure to Protect Claim, by James Quigley
- Montana Prisoners Have Liberty Interest in Classification Hearings, by Danny Arledge
- WA Officials Liable for Seizing Court Tape
- VI Decree Modification Denied Under PLRA, DOC Held in Contempt
- CCA Unveils Aggressive New Marketing Ploy
- Federal Jail in NYC a Mob Social Club?
- Peruvian Prisoners Rebel, by Dan Axtell
- Washington Sex Offender Notification Enjoined
- DC DOC Official Convicted of Contempt
- New Jersey Jail Brutality Settlement
- Man Jailed for Saying 'No' to TB Drugs
- Prisoner Awarded $30,001 in Beating Suit
- More Evidence Required in Retaliatory Infractions
- Counselor Liable in Failure to Protect Claim
- Americans with Disability Act Applies to Jails
- Alabama AG Moves to Dissolve 17 Consent Decrees
- Knowledge of Risk May Establish 8th Amendment Liability
- News in Brief
More from these topics:
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Arizona To Resume Executions, Feb. 15, 2025. Death Row, Lethal Injection Method of Execution.
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Maine State Prison Warden Replaced As Misconduct Allegations Investigated, Oct. 15, 2024. Guard Misconduct, Disciplinary Hearings.
- Competency Evaluation Ordered for Condemned Utah Prisoner, Sept. 15, 2024. Death Row, Competency Hearing.
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- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
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- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Civil Rights Actions or Offenses/Bivens Actions.