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Article • January 1, 2003 • from P&J January, 2003
Brown v. Browley, No. 01-1541 (6th Cir.) (312 F.3d 782) (November 27, 2002) (Judge Ronald Lee Gilman) by In this case, the appellant-inmate sued various prison officials and employees for retaliation, claiming that the defendants had repeatedly billed him for monies allegedly owed on his personal account, even though the …
Article • June 1, 2000 • from P&J June, 2000
Hunter v. Heath, No. CV-00-323-ST (D.Or.) (95 F.Supp.2d 1140) (April 11, 2000) (Judge Magistrate) by In this case the plaintiff worked as an inmate legal assistant in the Disciplinary Segregation Unit of his prison from October 10, 1998 February 9, 1999, when he was removed from his job. The Court …
Article • June 1, 1999 • from P&J June, 1999
Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (175 F.3d 378) (March 8, 1999) (Per Curiam) by This case is particularly noted for its extensive review not only of First Amendment retaliation claims, but also for it review and excellent analysis of the most significant Supreme Court decisions dealing with prison …
Article • June 1, 1999 • from P&J June, 1999
Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (175 F.3d 378) (March 8, 1999) (Per Curiam) by This is a significant prison rights case which held, inter alia, that the petitioners had pleaded with sufficient particularity to survive a motion for summary judgment in a civil rights suit for damages. This …
Article • October 1, 1998 • from P&J October, 1998
Clarke v. Stalder, No. 96-30313 (5th Cir.) (154 F.3d 186) (September 1, 1998) (Judge Emilio M. Garza) by The majority's decision in this case evoked a strong dissent from Judge Reynaldo Garza, who suggested that the majority had "either made a terrible mistake or now looks at this case with …
Article • September 1, 1997 • from P&J September, 1997
Clarke v. Stalder, No. 96-30313 (5th Cir.) (121 F.3d 222) (September 9, 1997) (Judge Reynaldo G. Garza) by In its decision, the Court emphasized that "the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers". (Id., at 228). Here, it also emphasized that it …
Article • May 1, 1997 • from P&J May, 1997
Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (110 F.3d 1233) (April 11, 1997) (Judge Karen Nelson Moore) by
Article • May 1, 1997 • from P&J May, 1997
Thaddeus-X v. Blatter, No. 95-1837 (6th Cir.) (110 F.3d 1233) (April 11, 1997) (Judge Karen Nelson Moore) by This is an important decision about the rights of jailhouse lawyers as well as a source of much of the current law on the rights of prisoners generally; and for those reasons …
Article • October 1, 1995
U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti) by Court rejected claim that Government had improperly refused to file a § 5K1.1 motion to punish defendant for exercising his right to a trial, stating that defendant had failed to present any "objective …
Article • September 1, 1995
U.S. v. Khoury, No. 94-50394 (9th Cir.) (62 F.3d 1138) (August 3, 1995) (Judge Monroe G. McKay) by With unusually strong words, the majority in this case condemned the Government for refusing to make a 5K1 Motion in retaliation for the defendant's decision to go to trial rather than plead …