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Civil Rights
Prisoners' Rights
Retaliation

Rex Chappell v. D. McCargar, D. Hoffman, D. Hamad, Michael F. Martel, Cheryl Pliler

Published: Oct. 9, 2010 | Result Date: Jul. 19, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 2:02-cv-02299-GEB-KJM Verdict –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Joanna R. Mendoza


Defendant

Jeffrey Steele


Facts

Rex Chappell was a prisoner at Folsom State Prison for more than three and a half years.

Contentions

PLAINTIFF'S CONTENTIONS:
Chappell alleged that D. McCargar and D. Hoffman, the Senior Librarian and Supervisor of Academic Instruction, denied him access to the courts after confiscating his appellate brief and thereby causing dismissal of his appeal. Chappell further contended that defendants retaliated against him, denying his requests for photocopies after he complained about library procedures and initiated lawsuits against CDCR and its employees. He also alleged that Michael Martel and Warden Cheryl Pliler failed to take action for the return of his confiscated brief, denying him court access. Chappell filed suit against the officials, alleging civil rights violations and retaliation.

DEFENDANT'S CONTENTIONS:
The defense denied the allegations.

Damages

Chappell sought compensatory and punitive damages.

Result

The jury determined that defendants did not deny Chappell access to the courts. The jury did find that McCarger and Hoffman retaliated against Chappell; however, the jury also determined that no damages were suffered as a result of the retaliation.

Deliberation

one day

Length

six days


#104717

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