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From the Courts  

Author:  Margaret R.  Moreland, J.D., M.S.L.S. .

Source: Volume 19, Number 06, March/April 2016 , pp.83-85(3)

Offender Programs Report

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A inmate grievance is rejected by the coordinator due to the use of offense language leading to allegations by the inmate that the rejection constitutes a violation of his First Amendment right to redress grievances and to be protected against retaliation. A stockman inmate claims that he had been “penalized” because he was unable to “perform [his] job duties because of a work related accident” when an improperly loaded cart injured his leg. A perspective parolee petitions the Pennsylvania Supreme Court for a writ of mandamus ordering the Department of Health to cease funding TC Programs until the Department of Corrections met all licensing and staffing requirements and further to remove the program from his requirements for parole, and prohibit the Parole Board from denying parole based on the failure to complete the TC Program.

Keywords: First Amendment and “Disrespectful Language”; Richey v. Dahne; Prison Jobs as “Programs”; Neisler v. Tuckwell; Therapeutic Community (TC) Program; McGill v. Pennsylvania Dep’t of Health, Offi ce of Drug & Alcohol Programs

Affiliations:  1: Pace University School of Law Library.

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