cruel and unusual punishment
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Federal judge allows retaliation claims to proceed against prison officials
A federal judge agreed last week that a man incarcerated at Sterling Correctional Facility had credibly alleged that employees retaliated against him for filing grievances, including by taking away his disability accommodations and turning off his electricity. Louis Peoples Jr., 72, has visual and mobility impairments, plus a heart condition, diabetes, and susceptibility to seizures.…
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Federal judge dismisses inmate’s lawsuit over alleged assault from living with gay cellmate
A federal judge last month dismissed an incarcerated man’s lawsuit against two corrections officers who allegedly left him in a cell with a gay inmate, despite knowing other prisoners would attack him for rooming with a “known homosexual.” Although judges have analyzed other cases involving prisoners’ claims that their sexual orientation posed a risk of…
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10th Circuit declines to consider prison food-tampering claim
The federal appeals court based in Denver has declined to consider an incarcerated man’s allegations that a prison official tampered with his food by placing “light brown matter,” “red matter” and saliva on his meals, causing illness. On Aug. 16, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit issued an…
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Federal judge dismisses allegations of ‘years-long campaign’ of retaliation by prison employees
A federal judge has dismissed an incarcerated man’s lengthy set of assault allegations against state prison officials because he did not properly file three grievances for each incident first. Under the Prison Litigation Reform Act, people who are incarcerated must “exhaust” their administrative remedies before bringing a civil rights lawsuit. In Colorado’s Department of Corrections, detainees…