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.

Brown v. Stapleton, et al
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

Brown v. Stapleton, et al

While incarcerated at Red Onion State Prison, Demmerick Brown went to the prison barbershop to get a shave and a haircut. Because of the pandemic, he was wearing a face mask, and the barber told him to remove it for the shave. Mr, Brown did. On this basis, a guard filed a disciplinary charge against Brown, Brown was convicted of a rule violation, and he was fined fifteen dollars.

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Durham v. G. Kelley, et al
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

Durham v. G. Kelley, et al

After a diagnosis with lumbar stenosis Mr. Durham has been limited in his ability to ambulate and was prescribed a cane to allow him to walk without extreme pain. Despite this diagnosis and prescription, officials in the Trenton facility ordered Mr. Durham to abandon his cane in his cell when he was transferred to a quarantine unit. They then continued to deny him access to his cane for approximately ten days. They did this despite numerous different requests from Mr. Durham for his cane to nurses, doctors, and correctional officers, and despite his reports of excruciating pain when he was forced to walk without his cane.

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Hageman v. Billups
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

Hageman v. Billups

Mr. Hageman was quietly reading his bible in his cell when five correctional officers forcibly removed him from his bunk and took him to segregation, nominally not because he had done anything wrong but for his own protection. Although he was not resisting, they handcuffed him and pulled on the chain, breaking his wrist and cutting his hands.

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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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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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Vette v. Sanders
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

Vette v. Sanders

The NAACP Legal Defense and Educational Fund along with Rights Behind Bars represents Eric Vette, who alleges he was subject to excessive force by the police when even after being restrained by the police he was punched, hit with a dog chain, and bit by a police dog.

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Crane v. Utah D.O.C.
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

Crane v. Utah D.O.C.

Rights Behind Bars represents the grandmother of Brock Tucker on her claims under the 8th Amendment, Utah Constitution, and the Americans with Disabilities Act. Brock entered the Utah Department of Corrections when he was seventeen years old.

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McCoy v. Alamu
Appellate Litigation Phoebe Mesard Appellate Litigation Phoebe Mesard

McCoy v. Alamu

Rights Behind Bars, along with the MacArthur Justice Center, represents Prince McCoy, an incarcerated man in Texas who was sprayed in the face with mace by a prison guard for no reason other than the guard's frustration with a different person.

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