Cases

All of our briefs are linked on their respective case pages. If they are helpful to you as an attorney or pro se litigator, please feel welcome to use them.

Wheat v. Day
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

Wheat v. Day

Rights Behind Bars represents Christopher Wheat, a pretrial detainee at Walton County Jail, on appeal for his § 1983 action against Deputy Day, a corrections officer who tasered him from behind as punishment for spilling water in his cell. Day moved for summary judgment following discovery on the basis of qualified immunity, and appealed when his motion was denied.

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Tate v. Harmon
Amicus Brief Phoebe Mesard Amicus Brief Phoebe Mesard

Tate v. Harmon

Together with MacArthur Justice Center, RBB has filed an amicus brief in a Fourth Circuit case challenging the dismissal of a prisoner’s Eighth Amendment claims against federal prison staff.

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Savino et al. v. Souza
Phoebe Mesard Phoebe Mesard

Savino et al. v. Souza

In partnership with Lawyers for Civil Rights, Yale Law School Worker and Immigrant Rights Advocacy Clinic, and WilmerHale, Rights Behind Bars acts as counsel for a facility-wide class action seeking release of all people in immigration detention in Bristol County House of Corrections in Massachusetts because of their conditions of confinement and COVID-19.

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Johnson v. McCowan
Affirmative Litigation Phoebe Mesard Affirmative Litigation Phoebe Mesard

Johnson v. McCowan

Corey Johnson was the victim of a gruesome canine attack as he was lying motionless and face down on the ground with his arms extended outward. Mr. Johnson’s right wrist and arm were mauled, and he was dragged several feet by the dog. The Virginia Department of Corrections continues to allow the use of unmuzzled canines to terrify and attack people in order to ensure their compliance with prison guard orders.

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RBB wins rare Supreme Court qualified immunity reversal
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

RBB wins rare Supreme Court qualified immunity reversal

In an extraordinary win for prisoner’s rights and all who oppose qualified immunity, the Supreme Court reversed the Fifth Circuit in Taylor v. Riojas, emphasizing that “no reasonable correctional officer could have concluded that, under the extreme circumstances of this case, it was constitutionally permissible to house Taylor in such deplorably unsanitary conditions for such an extended period of time.”

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Shorter v. United States, et al.
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

Shorter v. United States, et al.

Rights Behind Bars represents Chrissy Shorter, a transgender woman who was sexually assaulted while incarcerated at a federal prison in New Jersey. Shorter brought an 8th Amendment claim pro se against the prison for failing to take preventative actions to protect her from sexual assault even after her request for transfer to a safer institution had been approved.

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Melnik v. Dzurenda
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

Melnik v. Dzurenda

Rights Behind Bars, together with O’Melveny & Myers, represent John Melnik, an individual incarcerated at Nevada Desert State Prison who was denied the opportunity to present documentary evidence in his defense for a disciplinary charge. Because he was denied the opportunity to present this evidence, Melnik is currently facing three years in punitive solitary confinement.

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Johnson v. Peterson
Amicus Brief Phoebe Mesard Amicus Brief Phoebe Mesard

Johnson v. Peterson

Chronic hepatitis C disproportionately affects incarcerated individuals—by recent estimates, HCV is 17 to 23 times more prevalent among prisoners than the general population. Less than 1% of the United States population is incarcerated today, but roughly 30% of all Americans with HCV reside in prison. According to a 2017 meta-analysis, Ohio’s prison population has one of the highest reported rates of HCV infection as measured by antibody prevalence, at a rate of 36% compared to the national average of 18%.

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Melnik v. Aranas
Amicus Brief Phoebe Mesard Amicus Brief Phoebe Mesard

Melnik v. Aranas

Chronic hepatitis C (HCV) kills more Americans than every other infectious disease combined, and even though effective treatments that eliminate HCV in 99% of cases have been available for a number of years, some prison systems deny treatment to most or all of their patients with HCV due simply to the cost of the drugs.

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Griffith v. Franklin County
Amicus Brief Phoebe Mesard Amicus Brief Phoebe Mesard

Griffith v. Franklin County

Rights Behind Bars, along with MacArthur Center, represent a coalition of prison rights organizations as amici curiae in support of an eighteen-year old pretrial detainee who experienced severe nausea, vomiting, diarrhea, and multiple seizures prior to proper medical intervention in a Kentucky jail.

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Stark v. Lee County
Amicus Brief Phoebe Mesard Amicus Brief Phoebe Mesard

Stark v. Lee County

Rights Behind Bars and the National Association for Public Defense filed a brief as amici for a case brought by a detainee who was left in five-point shackles in the backseat of a deputy sheriff’s cruiser returning to jail from a medical appointment when the sheriff chose to respond to a bank robbery and engage in a high-speed chase, causing the detainee to suffer serious injuries.

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Van Wagner v. Faulks
Amicus Brief Phoebe Mesard Amicus Brief Phoebe Mesard

Van Wagner v. Faulks

Chronic hepatitis C (HCV) kills more Americans than every other infectious disease combined, and even though effective treatments that eliminate HCV in 99% of cases have been available for a number of years, some prison systems deny treatment to most or all of their patients with HCV due simply to the cost of the drugs.

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Ingram v. Kubik
Amicus Brief Phoebe Mesard Amicus Brief Phoebe Mesard

Ingram v. Kubik

Rights Behind Bars is amicus counsel on behalf of disability rights groups supporting plaintiff who, in midst of a mental health crisis, was body-slammed by a police officer because the officer found him annoying.

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