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Retaliation

     Monthly Law Journal Article: Retaliation Against Prisoners for Protected First Amendment Expression, 2010 (3) AELE Mo. L. J. 301.

    After a prisoner finished serving his sentence, he was confined in a treatment and detention facility as a sexually violent person. His treatment team assigned him a “decision-making model,” which is an exercise or treatment tool in which the detainee examines his thought processes associated with a particular decision. He sued, based on his belief that the assignment was retaliation for his exercise of his First Amendment rights. Serving as his own lawyer, he testified, questioned witnesses, introduced exhibits into evidence, and objected to defense counsel’s questions at several points. The jury found for the defendants. A federal appeals court affirmed, rejecting an argument that the jury instructions on the First Amendment retaliation claim were erroneous. The plaintiff failed to object to the instructions, and he could not meet the high standard for showing a “plain error.” He also waived an argument that the trial court erred in admitting privileged and prejudicial treatment medical records into evidence. Walker v. Groot, #14-2478, 2017 U.S. App. Lexis 15068 (7th Cir.).

     A sexually violent predator civilly committed for treatment in a Special Treatment Unit was subjected at least annually to an interview by members of a Treatment Progress Review Committee (TPRC). The committee then considered a range of materials to formulate a recommendation about whether the patient should progress to the next step in the program. A member of the committee wrote a report recommending that the patient not advance in treatment. The report recognized that this was “not consistent” with his treatment team's recommendation, but concluded that he “had not fully met the treatment goals,” provided a detailed overview of his sexual and non-sexual offenses, diagnostic history, and clinical treatment, and summarized the results of an interview, including that “it appears that he denies, minimizes or justifies much of his documented offense history,” and that “[h]e did not demonstrate remorse for his crimes or empathy for his victims.” The patient sued, alleging retaliation for his First Amendment-protected participation in legal activities on behalf of himself and other sexual predator residents. A federal appeals court concluded that he was entitled to qualified immunity, reasoning that the plaintiff pleaded facts reflecting that the defendant based her recommendation on the medically-relevant collateral consequences of his protected activity, but has not sufficiently pled that the recommendation was based on the protected activity itself as required to show First Amendment retaliation. Oliver v. Roquet, #14-4824 858 F.3d 180 (3rd Cir. 2017).

     A prisoner adequately pled a First Amendment retaliation claim by alleging that he was placed in administrative segregation because he filed a grievance.  It was clearly established at the time that the defendant placed the plaintiff in segregation that retaliating against an inmate for filing a grievance violates the inmate's rights under the First Amendment. Martin v. Duffy, #16-6132, 2017 U.S. App. Lexis 9664 (4th Cir.).

     Prison officials were not entitled to qualified immunity on a prisoner’s claim that they retaliated against him for filing a grievance by imposing disciplinary charges against him in violation of his First Amendment rights. While no prior published Fourth Circuit decision directly addressed whether filing a grievance was protected First Amendment conduct, the right was clearly established based on general constitutional principles or a consensus of persuasive authority. In this case, the inmate’s right was found to have been clearly established based on the Second, Sixth, Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits all recognizing in published decisions that inmates possess a First Amendment's Petition Clause right to be free from retaliation in response to filing a prison grievance. Booker v. South Carolina Department of Corrections, #15-7679, (4th Cir.).
      Disciplinary proceedings in three separate years resulted in a prisoner’s loss of 16 months of earned good-conduct credit. He unsuccessfully, but diligently, pursued administrative grievances regarding these hearings. His lawsuit challenged proceedings from two years as having been retaliatory in violation of his First Amendment rights, and that lawsuit was dismissed. He then sought habeas relief in state court, which was denied. A federal habeas petition was denied as moot when he was released from custody, and he then filed a second federal civil rights lawsuit. While screening the complaint under 28 U.S.C. 1915(e) the trial court found that the plaintiff stated claims for due process violations and for retaliation but granted the defendants summary judgment, finding that the lawsuit was barred by precedent requiring a prisoner plaintiff to pursue timely collateral relief while in custody. A federal appeals court reversed, finding that the prisoner did his best to obtain timely relief while in custody, and “precedent requires no more.” Whitfield v. Howard, #15-2649, 2017 U.S. App. Lexis 5383 (7th Cir.).
    A prisoner claimed that the defendant prison employees falsely classified him as a gang member in retaliation for him filing a federal civil rights lawsuit against their co-workers. California courts rejected his claim for habeas relief, finding sufficient evidence to support the gang classification. A federal appeals court ruled that this determination by the California courts precluded the prisoner’s subsequent federal civil rights lawsuit asserting claims for violation of his First Amendment retaliation and equal protection rights based on the same classification. The appeals court held that the same primary right—the prisoner’s right to be free from unlawful gang validation and placement in segregated housing —was at issue in both suits. Because the suit involved the same cause of action between the same parties after a final judgment on the merits of the first suit, the subsequent suit was barred. Furnace v. Giurbino, #13-17620, 838 F.3d 1019 (9th Cir. 2016).
     A prisoner claimed that he faced unlawful retaliation in that he was transferred to administrative segregation after he reported a correctional officer for allegedly using excessive force against him while escorting him to a holding cell. Upholding the rejection of qualified immunity for the defendant prison official, the federal appeals court found without merit the argument that California state regulations required that the prisoner be transferred to administrative segregation as soon as he alleged that an officer assaulted him. Cal. Code Regs. tit. 15, 3335(a) does not require that, and the plaintiff prisoner had established a genuine issue of material fact as to whether he was retaliated against. Shepard v. Wise, 13-15554, 2016 U.S. App. Lexis 19352 (9th Cir.).
     A Muslim inmate at a federal correctional facility claimed that he was terminated from his paid work assignment because he complained that two correctional officers were subjecting him to anti-Muslim harassment at work. He further claimed that this harassment had caused him to refrain from praying at work. He asserted claims under the First Amendment, the Fifth Amendment's equal protection guarantee, and the Religious Freedom and Restoration Act (RFRA). Reversing dismissal of the plaintiff's First Amendment retaliation and RFRA claims, a federal appeals court ruled that a prisoner's oral grievance to prison officials can constitute protected activity under the Constitution, that the RFRA prohibits individual conduct that substantially burdens religious exercise, and that the RFRA provides for monetary relief from an official sued in his individual capacity. The appeals court affirmed dismissal of the First Amendment Free Exercise and Fifth Amendment equal protection claims. Mack v. Warden, Loretto Fed. Corr. Inst., #14-2738, 2016 U.S. App. Lexis 18336 (3rd Cir.).
     A prisoner claimed that an officer broke off the antenna on his radio during a cell search, while the officer claimed that it was already broken and secured by tape. The officer confiscated the broken radio as contraband and refused the prisoner's request that he fill out an incident report stating that he broke the radio. He alleged requested a grievance form but did not receive one. Instead he was summoned to the security office later that day and reprimanded for giving officers a hard time. He was told he would receive a misconduct, and subsequently filed a grievance against the officer over the radio incident after getting a form from someone else. He was then found guilty of misconduct. Overturning dismissal of a First Amendment retaliation claim, a federal appeals court held that not every violation of prison protocols supported by some evidence bars such a claim, especially relatively minor offenses, such as a radio antenna secured by tape. Watson v. Rozum, #13-3510, 2016 U.S. App. Lexis 15429 (3rd Cir.).
     A prisoner's complaint about being assaulted and injured by another inmate was not a "personal gripe" unprotected by the First Amendment. The plaintiff prisoner, therefore, could proceed with his lawsuit alleging that he was disciplined for pursuing his complaint concerning the incident. Ogurek v. Gabor, #15-1151 2016 U.S. App. Lexis 11712 (7th Cir.).
     A prisoner claimed that his First Amendment rights were violated when he was allegedly placed in solitary confinement in retaliation for publishing a by-lined online article. The sued federal prison employee, however, was entitled to qualified immunity from liability, as it was not clearly established that a prisoner had a protected constitutional right to publish an article under a by-line. The appeals court, therefore, did not reach the issue of whether the action violated the prisoner's rights.
McGowan v. United States, #15-1786, 2016 U.S. App. Lexis 10263 (2nd Cir.).
     A federal appeals court reinstated a lawsuit arising after a pagan worship area at a prison was destroyed during a construction project. The prisoners filed grievances about the demolition. They were subsequently charged with abusing the grievance procedure and sentenced to 15 days of disciplinary segregation. One of them was transferred to another facility. The trial court granted summary judgment in favor of prison administrators on an unlawful retaliation claim, after the defendants contended that the plaintiffs abused the grievance process to harass the staff. The appeals court disagreed, finding evidence that the plaintiffs "engaged in the prison’s informal resolution procedure before filing their grievances,” and that their grievances "were not frivolous, vexatious or duplicative." Debarr v. Clark, #14-15497, 2016 U.S. App. Lexis 6935 (Unpub. 9th Cir.).
     A former gang member was attacked by other inmates and left permanently disabled and confined to a wheelchair. He was told that he had been targeted because his assailants thought he was a pedophile. He learned that his prison records had reference to the Adam Walsh Act, 42 U.S.C. 16901–91, creating a national sex offender registry, although his convictions were actually for other crimes. He filed a grievance asking that his prison records be corrected, and that he be placed in segregation because he heard that inmates at a new facility he had been transferred to were planning to attack him. He was assigned to a wheelchair accessible cell, but was attacked by his cellmate within a month over his "Walsh Act stuff." When he filed a grievance and objected to a new proposed cellmate, guards allegedly took him to a non-accessible cell and refused to help him to the toilet. Subsequently, he was found lying on the floor near the toilet, suffering a sprained spine, a shoulder contusion, and head lacerations. A federal appeals court vacated the dismissal of his First Amendment retaliation claim and an Eighth Amendment claim that a guard was implementing a policy of moving every prisoner who objects to a new cellmate, for the purpose of deterring prisoners from attempting to reserve one-person cells. Herron v. Meyer, #15-1659, 2016 U.S. App. Lexis 7472 (7th Cir.).
     An Illinois man confined as a sexually violent person sued the facility's program director, its grievance examiner, and a security therapist aide, claiming that they infringed on his First and Fourteenth Amendment rights by disregarding his grievances regarding dental care and by insulting him. A federal appeals court overturned dismissal of the complaint, finding that the grievances were protected speech and that a warning that his life would be better if he stopped filing his grievance may have gone beyond mere verbal harassment. The court also commented that the plaintiff, as a civil detainee, was “entitled to more considerate treatment and conditions of confinement than criminals whose conditions of confinement are designed to punish.” The defendants, as staff members of an institution that houses and treats persons suffering from mental disorders should understand that they are dealing with psychologically impaired persons, and should have known better than to shout at a possibly vulnerable person, call him “ignorant,” “stupid,” and a “moron,” ignore grievances that might be meritorious and serious, and threaten him with retaliation for complaining. Hughes v. Scott, #15-3482, 2016 U.S. App. Lexis 5349 (7th Cir.).
     A prisoner suffering from Post Traumatic Stress Disorder (PTSD) claimed that prison wardens and supervisory physicians acted with deliberate indifference to his serious medical needs. The wardens were entitled to qualified immunity because there was no specific evidence that they were directly involved in or responsible for the allegedly inadequate treatment. Further, the evidence showed that the physicians were aware of the prisoner's medical needs and took steps to meet them. The prisoner also failed to show that he engaged in activities protected by the First Amendment or that his transfer to another facility or placement in segregation was retaliatory or violated due process. In fact, the transfer was to facilitate him receiving necessary psychiatric treatment. Saylor v. Randy Kohl, M.D., #14-3889, 2016 U.S. App. Lexis 1459 (8th Cir.).
    After finishing his prison sentence for a sex offense, the plaintiff was civilly committed as a Sexually Violent Person. While committed, he argued that he was fired from his dietary services job in retaliation for his having previously filed lawsuits against staff members, based on "trumped-up" disciplinary charges. A federal appeals court reversed the screening out of the lawsuit as containing only conclusory allegations. The trial judge had interviewed the plaintiff via telephone. The appeals court noted that it had previously ruled against ex parte telephone interrogation as a permissible method of screening complaints to decide whether they stated a claim. While a trial judge can interview a pro se detainee to determine what the case is (but not its merits) a transcript or recording must be made to allow for review on appeal. Henderson v. Wilcoxen, #15-2029, 2015 U.S. App. Lexis 17443 (7th Cir.).
     Voicing inmate grievances as a member of an Inmate Liaison Committee qualified as constitutionally protected First Amendment activity, so that the trial court improperly dismissed the plaintiff's claim that he faced unlawful retaliation as a result of such activity. Dolan v. Connolly, #14-2561, 794 F.3d 290 (2nd Cir. 2015).
     An inmate injured his hand during a prison basketball game. While a nurse quickly wrapped his hand, she was not able to either give him medicine or do stitches. A day later, the inmate saw a doctor who also did not stitch his wound, but prescribed antibiotics and recommended a specialist. Approval for seeing a specialist took a number of days, during which the wound remained open and bleeding. The prisoner filed a grievance, which was rejected, arguing that the delay was retaliatory for him having filed a previous grievance over the withholding of prescription medication. He was then taken to a clinic where he saw a physician's assistant, who stated that he could not suture the wound because of its age. The inmate claimed that prison officials did not follow care instructions after that and did not return him to the clinic for follow-up care. Seven months later, he still had continuing pain, and then had surgery. He claims that due to an overall ten-month delay in getting required treatment, he suffered irreparable damage. The trial court dismissed his lawsuit after screening it, and a federal appeals court reversed, finding that the alleged facts stated both valid Eighth Amendment and First Amendment retaliation claims. Perez v. Fenoglio, #12-3084, 2015 U.S. App. Lexis 11672 (7th Cir.).
     An inmate suffering from a neurological condition was able to ambulate, stand, and sit with the assistance of crutches and leg braces. No doctor had ordered a wheelchair for him, or that he be transported via a wheelchair-accessible van. He arrived for transport to a medical appointment with neither a wheelchair or a physician's order. A wheelchair accessible van with a lift was available, but standing on the lift was forbidden because of the risk of falling. The prisoner claimed that he had to enter the van by crawling, exposing him to urine and vomit on the floor, that he was unable to eat while traveling, and that during his return trip the driver stopped the vehicle near a ridge and said that guards could drown him and claim he tried to escape. The prisoner further claimed that when he filed a grievance over these events, prison staff members retaliated against him with verbal abuse, ransacked his cell, and transported him in a non-wheelchair-accessible van for part of the trip when he was moved to another prison. A federal appeals court rejected Eighth and Fourteenth Amendment claims, as well as disability discrimination and retaliation claims. The record did not support his argument that he had an objectively serious medical need requiring the use of a wheelchair-accessible van. Even if the van conditions were unsanitary, he was exposed to them for only approximately six hours on a single occasion, and the one time single sentence alleged threat by the driver was insufficient to show a constitutional violation. The prisoner failed to provide sufficient evidence that the subsequent actions allegedly taken against him were retaliatory. Turner v. Mull, #14-1589, 784 F.3d 485 (8th Cir. 2015).
     The trial court erroneously dismissed a prisoner's lawsuit claiming that he faced unlawful retaliation for filing grievances based on an alleged failure to exhaust available administrative remedies as required by the Prison Litigation Reform Act. The alleged threats of retaliation by various defendants showed why he could not have filed the grievance about the reprisal internally at the facility, meeting the conditions for instead filing a grievance directly with the Secretary of the State Department of Correction. Dimanche v. Brown, #12-13694, 2015 U.S. App. Lexis 6339 (11th Cir.).
     A prisoner claimed that he had been granted parole but that it was rescinded because he was facing pending disciplinary charges and had been placed in a restrictive housing unit as a result. He claimed that these actions were retaliatory for having filed a grievance against an officer. These actions did not violate his due process rights because the misconduct determinations, his time placed in the restrictive housing unit, and his parole recission, did not, either alone or in combination, create an atypical and significant hardship in relation to the ordinary incidents of prison life. But the prisoner did adequately allege a retaliation claim against a particular officer by claiming that when he refused to confess to a particular charge and instead filed a grievance against this officer, he was placed in administrative custody in retaliation. Fantone v. Latini, #13-3611, 2015 U.S. App. Lexis 2470 (3rd Cir.).
     The wife of an inmate claimed that her visitation privileges with him were terminated in retaliation for her exercising her First Amendment rights by engaging in public protests asserting that the Department of Corrections was violating the rights of her husband and other prisoners then on a hunger strike. While a reasonable jury could find that the motivation for the termination, in part, might have been to retaliate for her role in the protests, it was also motivated by legitimate concerns about the security and safety of inmates and staff members. The defendant officials were entitled to qualified immunity for both the period of time during the hunger strike and after it ended, as the decision to terminate visitation rights was made while the hunger strike was ongoing and was lawful when it was made. Jackson v. Humphrey, #14-10183, 2015 U.S. App. Lexis 469 (11th Cir.).
     An inmate assisted another prisoner in writing a letter to officials outside the state Department of Corrections concerning an officer's alleged acceptance of a pair of ostrich-skin shoes made by the second prisoner. He claimed that the officer subsequently caused him to convince the second prisoner to dismiss his complaint by giving him favorable treatment. The first prisoner filed grievances that the officer had coerced him into doing so and discussed with another inmate a fabrication that he had possessed a cell phone. When a cell phone was found in another inmate's bunk during a search, the first prisoner claimed that he was warned by an officer that disciplinary charges concerning the phone would be filed against him unless he withdrew his grievances. He was charged and found guilty of use of a cell phone, losing privileges and spending 30 days in isolation, and the decision was upheld on review. In a lawsuit for retaliatory discipline, the jury found for the plaintiff and awarded him $1 in nominal damages. A federal appeals court reversed and remanded the decision and award, finding that the prisoner received adequate notice of the disciplinary charges against him. did not show that there were any witnesses or evidence that he was barred from presenting at the disciplinary hearing, and received a copy of the decision of the disciplinary hearing. The defendant officer was entitled to summary judgment as a matter of law because there was "some evidence" to support the discipline imposed against plaintiff and "some evidence" that he committed the charged infraction. Sanders v. Page, #13-3237, 2014 U.S. App. Lexis 22785 (8th Cir.).
     A federal prisoner filed a lawsuit claiming that he had been placed in administrative detention for 60 days in unlawful retaliation in violation of the First Amendment for filing a claim under the Federal Tort Claims Act (FTCA), as well as a claim of failure to protect in violation of the Eighth Amendment based on an assault on him by another prisoner. The trial court granted summary judgment for the defendants, based on the plaintiff's alleged failure to exhaust available administrative remedies before suing, as required by the Prison Litigation Reform Act, 42 U.S.C. 1997e(a), as well as a ruling that the plaintiff's Eighth Amendment claim was barred by his decision to file a FTCA claim regarding the assault. A federal appeals court vacated the trial court's ruling, holding that the failure to exhaust available administrative remedies should be excused because of specific allegations that one of the defendants intimidated him from pursuing a grievance by a threat to transfer him to another facility where she said he would be attacked and placing him in a special housing unit after he filed his FTCA claim, and that the FTCA claim did not bar the Eighth Amendment claim because the FTCA claim was dismissed by the trial court for lack of subject matter jurisdiction and there was no judgment on the claim. Himmelreich v. Fed. Bureau of Prisons, #13-4212, 766 F.3d 576 (6th Cir. 2014).
     A prisoner accused officials of interfering with his access to the court by first confiscating and then destroying his legal papers, doing so in retaliation for an early lawsuit he had filed concerning medical care. A federal appeals court upheld summary judgment for the defendants, pointing out that the prisoner failed to produce evidence either that the defendants acted for retaliatory motives or actually destroyed his papers. Instead, there was evidence that the prisoner created a fire hazard by stacking excess property, including the papers, near his bed. Officials had allowed him to keep some legal materials and he had stored the rest of them, and officials were actually unaware of his pending lawsuit. The prisoner did not submit any evidence to refute this version of events.
Devbrow v. Gallegos, #13-1627, 2013 U.S. App. Lexis 22278 (7th Cir.).
     Summary judgment was properly granted for a defendant prison official on a prisoner's unlawful retaliation claim. The prisoner's action in serving the prison official with a lawsuit summons and complaint on behalf of another prisoner was not constitutionally protected activity either on the basis of the right of access to the courts or the First Amendment. Blaisdell v. Frappiea, #10-16845, 2013 U.S. App. Lexis18782 (9th Cir.).
     An ex-prisoner from Illinois claimed that, during his incarceration, he was subjected to a number of improper strip searches designed to humiliate him and that this was done in retaliation for his filing of grievances complaining about earlier searches. A jury returned a verdict for the defendants. On appeal, the court reversed, finding that the trial court improperly instructed the jury by putting the burden of proof on the wrong party, telling them that, to prevail on his retaliation claim, the prisoner had to prove that his filing of the prior grievances "were the sole cause of the particular strip search." The court stated that "The jury should have been instructed that the plaintiff had the burden of proving that retaliation was a motivating factor in the strip search, but that, even if he proved this, the defendants could still prevail if they persuaded the jury that it was more likely than not that the strip search would have taken place even if there had been no retaliatory motive."Mays v. Springborn, #11-2218, 2013 U.S. App. Lexis 11762 (7th Cir.).
     A prisoner claimed that he had been disciplined in retaliation for writing a letter to fellow inmates asking them to work together in support of his class action lawsuit against prison administrators. He claimed that this violated his First and Fourteenth Amendment rights. Summary judgment was entered for the defendants on the First Amendment claims but summary judgment was entered for the prisoner on a due process claim. After a jury trial on damages at which the prisoner was awarded nominal and punitive damages, the parties reached a settlement providing that the prisoner would receive $11,000, plus attorneys' fees and costs. The prisoner then attempted to appeal the summary judgment against him on the First Amendment claim. The appeals court ruled that this issue was barred by the settlement agreement. Jones v. McDaniel, #10-16658, 2013 U.S. App. Lexis 11676 (9th Cir.).
     A county correctional officer allegedly wrote fake letters to various inmates to get them to retaliate against the plaintiff prisoner and his family, in order to try to get him to drop a personal injury lawsuit he had filed against the officer. In writing the fake letters, he had accessed various information in institutional files about inmates. A California intermediate appeals court upheld summary judgment for the defendant county, because the officer's actions were for personal motives and outside the scope of his employment. Further, as to civil rights claims, the plaintiff had failed to allege what supposed constitutional right he believed that the county had violated. Perry v. County of Fresno, #F063887, 2013 Cal. App. Lexis 264 (5th Dist.).
     An inmate got involved in a fight with officers who were taking him to administrative segregation. The officers used pepper spray on him, threw him on the floor and put leg restraints on him, and one of them allegedly turned his left wrist upward in a sharp motion, dislocating it. He claimed that the use of force had continued against him at a time when he was not resisting. The court found that the officers were entitled to qualified immunity on the excessive force claims, but not on the claim that one of them acted with deliberate indifference in delaying allowing him to wash off the pepper spray. Claims against one officer for alleged retaliatory death threats were also allowed to go forward, Santiago v. Blair, #11-3693, 2012 U.S. App. Lexis 26854 (8th Cir.).
     A prisoner sued correctional officers, claiming that they retaliated against him in violation of his First Amendment rights, transferring him to a higher security level facility because he participated in a class action lawsuit in state court on inmate property issues and aided other prisoners in filing grievances. The inmate's actions constituted protected activities, and were followed by an adverse event, his transfer. A federal appeals court upheld a trial court judgment in favor of two defendants found not to have engaged in unlawful retaliation but ordered further proceedings as to three other defendants to determine if they did. There was evidence that these three had been involved in the decision to make the transfer and may have been motivated by retaliatory motives. They had not adequately shown that they would have ordered the transfer in any event because of the inmate's "disruptive" behavior, as the record was devoid of any evidence of such behavior other than the protected activities and a memo written by a defendant whose bias was evident from her "acts of instructing other officers to fabricate misconduct tickets against him." The other two remaining defendants did not claim to have read that memo. King v. Zamiara, #09–2469, 2012 U.S. App. Lexis 10240, 2012 Fed. App. 146P (6th Cir.).
     A prisoner not involved in a fight between two other inmates claimed he struck in the arm by a shotgun pellet fired by a guard was a nearby catwalk. He allegedly had to wait four days for medical attention, suffering significant pain in the interim. Right after the incident, a medical aide allegedly assured him that she would go and get medication and medical supplies for him, but did not return with it. He asserted a valid claim for excessive use of force, as there was sufficient evidence to support an inference that an officer acted maliciously in using deadly force against prisoners not involved in the fight. The delay in treatment supported a claim for deliberate indifference to a serious medical need. Claims against one officer concerning medical care were properly dismissed, as he summoned medical assistance as soon as he became aware of the prisoner's injury. The prisoner also stated a valid First Amendment claim, based on his assertion that he was transferred to another facility in retaliation for threatening to bring a grievance over the incident. Gomez v. Randle, #11-2962, 2012 U.S. App. Lexis 9656 (7th Cir.).
     Any humiliation which an inmate suffered when a correctional officer laughed and brushed his thigh against the inmate's while he was sitting on the toilet in his cell rather than leaving, was insufficient for an Eighth Amendment violation. The prisoner's claims, however, that officers threatened to hit him, to not bring him breakfast, and filed a false disciplinary charge against him, stated valid First Amendment retaliation claims if done because of his filing of various grievances. A retaliation claim was also adequately stated against a warden who allegedly was motivated by the prisoner's grievances to lie about him so that his parole would be denied. Watison v. Carter, #10–16778, 2012 U.S. App. Lexis 2818 (9th Cir.).
     A class of persons civilly committed to a state hospital as sexually violent predators filed a federal civil rights lawsuit against supervisory officials challenging the conditions of their confinement, including alleged unreasonable searches and seizures, use of unreasonable force and physical restraints, and unlawful retaliation. The appeals court ruled that the claims against the supervisors individually for damages failed because the complaint was based on "conclusory allegations and generalities" without any allegation of the specific wrongdoing by each defendant. This entitled them to qualified immunity. The court ruled, however, that the lawsuit could proceed on claims for injunctive and declaratory relief. Hydrick v. Hunter, #03-56712, 2012 U.S. App. Lexis 628 (9th Cir.).
     A prisoner was not allowed to go to his plumbing crew work assignment, and was told that he fit the profile of an escape risk. He was further told, however, that he had not lost his job, but would be allowed to return to it after certain additional security precautions were in place. After he filed a grievance challenging his classification as an escape risk, he was terminated from his job. Given the sequence of events, he stated a viable claim that he was fired in retaliation for filing the grievance in violation of his First Amendment rights. Milligan v. Archuleta, #11-1218, 659 F.3d 1294 (10th Cir. 2011).
     A prisoner who claimed that he was beaten by correctional personnel in retaliation for having filed a grievance filed a federal civil rights lawsuit over the beating without first filing a new grievance over it. The defendants argued that the suit should be dismissed, given the requirement in 42 U.S.C. Sec 1997e(a) of the Prison Litigation Reform Act (PLRA) that a prisoner exhaust available administrative remedies before filing suit. The appeals court held that the prisoner could proceed with his lawsuit if he could show that his fear of additional retaliation reasonably deterred him from filing another grievance. The appeals court concluded that when "a prison official inhibits an inmate from utilizing an administrative process through threats or intimidation, that process can no longer be said to be 'available.'" Tuckel v. Grover, #10-1353, 660 F.3d 1249 (10th Cir. 2011).
     A prison education director had an inmate fired from his job as a clerk in the prison library. The prisoner subsequently filed a grievance against the education director, who filed a misconduct report against the prisoner a day later concerning the incident that led to the firing. Based on the timing of the misconduct report, as well as its "threadbare" nature, the prisoner stated a triable claim of unlawful retaliation in violation of his First Amendment rights against the education director. Greene v. Doruff, #10-3497, 2011 U.S. App. Lexis 20597 (7th)
     A prisoner was entitled to proceed with his claim that he was transferred to a restricted housing unit by a captain in retaliation for his First Amendment-protected activity of filing a grievance concerning a disciplinary charge the captain filed against him. There was evidence that the captain justified the transfer by claiming to have information that the prisoner was somehow responsible for a fight between other prisoners, but his failure to similarly transfer two prisoners known to have been involved in the fight supported the claim of a retaliatory motive. Washington-El v. DiGuglielmo, #10-2462, 2011 U.S. App. Lexis 5857 (Unpub. 3rd Cir.).
     A "jailhouse lawyer" who claimed that he was transferred to an out-of-state prison in retaliation for his activities on behalf of other prisoners and for pursuing his own grievances failed to show that there was a causal relationship between these admittedly protected activities and his transfer. Instead, there was evidence that the transfer elsewhere was the result of the prisoner having accumulated a number of "separations," which the court characterized as "a term used to indicate the existence of a placement conflict counseling against assignment of one inmate to the same institution as another inmate or staff member." Hannon v. Beard, #10-1792, 2011 U.S. App. Lexis 11549 (1st Cir.).
     An African-American prisoner in Michigan claimed that, after his transfer to a new facility, he encountered a correctional officer who remembered him from the first prison as a "litigant," and who allegedly subjected him to body searches, threats implying the possible use of physical violence, and racial epithets. A federal appeals court found that the prisoner alleged facts sufficient to create a genuine issue of fact as to whether he had been subjected to unlawful retaliation for his role in the litigation at his former facility, even though the officer who allegedly threatened him had not been a defendant in that lawsuit. Reynolds-Bey v. Spicer, #09-1472, 2011 U.S. App. Lexis 7660 (Unpub. 6th Cir.).
     While there was evidence that the plaintiff prisoner had asthma, the record did not support his argument that his level of exposure to environmental tobacco smoke (ETS) in Michigan state prisons amounted to a serious threat to his health in violation of the Eighth Amendment, as opposed to "mere discomfort." His asthma was "relatively minor," and could be managed through the use of an inhaler and other medication. There also was insufficient evidence to support his claim that he was transferred to another facility, with allegedly worse ETS, in retaliation for complaining about ETS. Jones v. Caruso, #10-1515, 2011 U.S. App. Lexis 8729; (Unpub. 6th Cir.).
    A prisoner filed a number of grievances concerning his medical care, the confiscation of his tennis shoes, and his request to have an extra blanket for medical purposes. A letter he sent to the director of the state Department of Corrections regarding his grievances was regarded as abuse or misuse of the grievance procedure, so he was placed on 12-month grievance restriction. This restriction requires that all grievances be submitted as verified affidavits, under penalty of discipline for lying, along with a list of previously submitted grievances. He then sued, claiming that the grievance restriction was retaliatory for his exercise of his First Amendment rights. A federal appeals court upheld the rejection of this claim, finding the prisoner's allegations "too general" to really show that he had suffered an actual injury from the grievance restriction. Troutt v. Jones, #10-6111, 2011 U.S. App. Lexis 5638 (10th Cir.).
     A prisoner filed a grievance against a correctional officer for allegedly smoking at an entrance to a prisoner housing unit, in violation of Michigan law and prison regulations. He claimed that the officer, in retaliation, came to his cell, despite having no duties there, and ordered him to turn off his television, issuing him a misconduct slip when he refused to do so. He was later placed in "Top Lock" for 12 days, lost 8 days' wages, and had four points added to his institutional record, all for disobeying the order, despite the officer's admission that he had the right to watch the television. These sanctions reduced his ability to move to a better job, to obtain placement in a lower security facility, and to be paroled. Based on these facts, a federal appeals court held that the prisoner could proceed with his First Amendment retaliation claim. Taylor v. Lantagne, #08-1696, 2011 U.S. App. Lexis 7107 (Unpub. 6th Cir.).
     A prisoner's claim that he was improperly disciplined for defiance in retaliation for refusing to consent to an invasive medical procedure should not have been dismissed. The trial court improperly applied a subjective legal standard to the issue of whether the prisoner suffered adversity from the alleged retaliatory act. The disciplinary action resulted in his loss of 180 days of good time credit and confinement in isolation for ten days. The sanctions imposed were more than minimal, as the trial court seemed to regard them, and it was not required that the plaintiff show that the sanctions imposed actually deterred him from exercising his constitutional right to refuse medical treatment. Hanna v. Maxwell, #10-30053, 2011 U.S. App. Lexis 4335 (5th Cir.).
     A prisoner claimed that correctional officers retaliated against him for filing grievances by activating a "purge fan" that caused the temperature in his cell to drop below freezing for approximately four hours for three mornings in a row. A federal appeals court upheld a jury determination that the plaintiff did not prove his claim. Bibbs v. Early, #09-10557, 2011 U.S. App. Lexis 5767 (Unpub. 5th Cir.).
     Prisoner's claims that prison officials and employees treated him with hostility, left false notes in his cell, and seized his bags of legal materials, thereby preventing him from filing legitimate grievances, all in retaliation for complaining about prison conditions, were more than minimal violations of his rights, if true, and should have been examined by a fact-finder rather than dismissed. Kennedy v. Bonevelle, #09-2289, 2011 U.S. App. Lexis 4157 (Unpub. 6th Cir.).
     A prisoner claimed that he was denied medical treatment for his diabetes and Hepatitis C in retaliation for engaging in protected First Amendment activity of speaking out about prison health needs and seeking access to the courts. His complaint was dismissed under the "three strikes" provision of the Prison Litigation Reform Act. Reversing, a federal appeals court held that his claim fell within an "imminent danger" exception to the three strikes rule, since he claimed that he was still receiving improper care for retaliatory reasons. Vandiver v. Vasbinder, #08-2602, 2011 U.S. App. Lexis 6325 (Unpub. 6th Cir.).
      A prisoner claimed that officials retaliated against him for filing grievances by placing him in administrative lockdown. The appeals court noted that an inmate is not required to show the favorable outcome of a disciplinary case if he is alleging a retaliation claim. As a result, the trial court abused its discretion in dismissing the claim as barred because the disciplinary conviction had not been reversed or otherwise set aside. The trial court also failed to address claims that the conditions in lockdown violated the Eighth Amendment, which also were not barred on that basis. Muse v. Sheriff's Dept., Ouachita Parish, #10-30521, 2010 U.S. App. Lexis 25953 (Unpub. 5th Cir.).
    A prisoner failed to show that an officer retaliated against him for filing a grievance by confiscating his CD player, when the officer offered undisputed evidence that he did not know of the inmate's filed grievance at the time. Another officer, who subsequently confiscated his CDs and lens cleaner was also entitled to summary judgment, as the prisoner failed to refute the argument that this action was taken in reasonable pursuit of enforcement of a prohibition against inmates owning CDs if they do not possess a CD player. Rhodes v. Robinson, #08-16363, 2010 U.S. App. Lexis 18791 (Unpub. 9th Cir.).
     An Arkansas prisoner claimed that an officer was sexually harassing him and issued him false disciplinary citations in retaliation for his filing of grievances about the harassment. After an evidentiary hearing, the trial court dismissed the retaliation lawsuit, since the prisoner, following each instance of allegedly retaliatory discipline, was found guilty at a disciplinary hearing. An inmate does not state a retaliation claim where the discipline was imposed for an actual violation of prison rules. Tatum v. Harmon; #10-1153, 2010 U.S. App. Lexis 24352 (Unpub. 8th Cir.).
     A prisoner housed in a cell with a window claimed that an officer refused, on five separate occasions, to turn on the lights in his cell at 7 a.m. as required by department policy, depriving him of artificial lighting in his cell during daylight hours for a total of eight hours over a seven-month period. After he filed grievances against the officer for this, the officer allegedly retaliated by calling the prisoner a "snitch" in front of other inmates, and filed a false disciplinary report against him. A federal appeals court found that the trial court erroneously dismissed the retaliation claim because the prisoner was not actually disciplined, as the retaliatory filing of false disciplinary charges is enough to be the basis for a retaliation claim. Falsely labeling the plaintiff a "snitch" in front of other prisoners could subject him to the risk of substantial harm at the hands of other prisoners, and supported both First Amendment and Eighth Amendment claims. Claims concerning the failure to turn on cell lights, which the prisoner claimed impeded his ability to do legal work, in violation of his First Amendment rights, were rejected. Williams v, Horner, #09-2927, 2010 U.S. App. Lexis 24463 (Unpub. 8th Cir.).  Editor's note: A judge dissenting in part argued that the majority, in allowing the pursuit of the retaliation claim merely on the basis of a retaliatory filing of false disciplinary charges failed to impose a necessary condition that the retaliatory action be one that would chill a person of ordinary firmness from exercising his First Amendment rights, and noted that in this case, the warden dismissed the disciplinary charge against the prisoner.
     A prisoner's claim that he was compelled to work outdoors uprooting tree stumps in freezing cold weather without safety instructions, protective gear, or gloves was sufficient to state a claim for violation of the Eighth Amendment, requiring the reversal of the trial court's dismissal of the lawsuit. The court also reinstated the prisoner's claim that he was penalized for questioning the work assignment and making preparations to sue, in violation of his First Amendment rights. Smith v. Peters, #10-1013, 2011 U.S. App. Lexis 955 (7th Cir.).
     A Louisiana prisoner claimed that correctional officers sprayed him with an excessive amount of chemical irritant in retaliation for his successful appeal of a prior unrelated prison disciplinary conviction. A federal appeals court found that he had "alleged a chronology of events from which retaliation may be plausibly inferred," given the identity of a captain involved both in the filing of the disciplinary charges and in the excessive force incident two weeks after his successful appeal of the disciplinary conviction. The prisoner's retaliation and excessive force claim were both reinstated on appeal. Williams v. Hinyard, #09-30396, 2010 U.S. App. Lexis 19212 (Unpub. 5th Cir.).
     A federal appeals court concluded that the plaintiff prisoner failed to produce any independent evidence that correctional employees intentionally discarded or destroyed his personal property in retaliation for him filing a complaint against a corrections officer at the facility in which he was incarcerated. "In contrast, the defendants presented substantial evidence" that his property was not in fact destroyed, or, "even if it was, that the specific defendants whom he named in his complaint had neither the means nor the opportunity to do so." The prisoner also failed to show that the defendants intentionally discarded or destroyed his grievances as a means of retaliation; particularly as he successfully filed grievances during the period in which he alleged the defendants retaliated against him. Melendez v. Wilson, #09-0722, 2010 U.S. App. Lexis 20021 (Unpub. 2nd Cir.).
     A detainee at a county jail claimed that a shift commander violated his First and Fourteenth Amendment rights by "threatening him." He had asked why the jail was on lockdown, and the shift commander allegedly said, "Top Secret, if I told you, I'd have to kill you." The prisoner claimed that this statement was not in jest, and that he feared for his life. When he filed a grievance concerning the incident, he was allegedly confronted by the shift commander, who accused him of trying to ruin her career, and warned him that she could make his stay "very uncomfortable" if he did not "back off." Instead of relenting, he filed a second grievance. He had no further contact with the shift commander, and suffered no adverse consequences. Upholding summary judgment for the defendant in the detainee's lawsuit, a federal appeals court found that the trial court properly determined that the shift commander's alleged "isolated comments, uncoupled from any adverse action, could not have deterred a reasonable person from exercising his First Amendment rights." Foster v. Powell, #09-2070, 2010 U.S. App. Lexis 24572 (Unpub. 7th Cir.).
     A federal appeals court reinstated a federal prisoner's civil rights lawsuit over his transfer to a lock-down unit in another prison, since his claim that prison staff were being abusive in retaliation for his protected conduct of filing grievances was "at least plausible," and therefore should not have been dismissed as frivolous. Transfer to a more restrictive environment with fewer privileges would deter a "person of ordinary firmness" from exercising his right to file grievances, so the plaintiff adequately alleged that the transfer was retaliatory, and violated his First Amendment rights. Hill v. Lappin, #09-5575, 2010 U.S. App. Lexis 26261 (6th Cir.).
     A prisoner claimed that a captain retaliated against him for filing a grievance. Rejecting this claim, the appeals court first noted that allegations of verbal abuse do not rise to the level of a constitutional violation. Second, the captain's alleged failure to follow prison procedures and regulations for the plaintiff's job transfer was insufficient without additional facts to show a retaliatory motive. The prisoner failed to present "direct evidence of motivation" or "a chronology of events from which retaliation may plausibly be inferred" in support of his contention that the captain transferred him in retaliation for his refusal to dismiss a grievance against another prison officer. Randolph v. London, #10-30074, 2010 U.S. App. Lexis 23017 (Unpub.5th Cir.).
     A prisoner transferred to a new facility filed "numerous formal grievances" concerning the conditions of his confinement, as well as grievances concerning the denials of those grievances. Finally, he filed a civil rights lawsuit against sixteen correctional employees, claiming that they had engaged in unlawful retaliation against him for protected conduct, such as pursuing his grievances and a prior lawsuit. The retaliation allegedly consisted of denying him proper housing, denying him the non-smoking, compatible cellmates he requested, failing to properly investigate or adjudicate his grievances, failing to provide him with required program services, and failing to provide institutional support for a favorable parole recommendation. He later added claims that one defendant also retaliated against him by firing him from inmate employment, preventing him from receiving outside work clearance, denying him access to mandatory program services, and having his typewriter improperly confiscated. Upholding summary judgment for the defendants, a federal appeals court found that the prisoner had failed to produce any evidence, beyond his "bare assertions," that any of the adverse actions taken against him were the result of unlawful retaliation. The denials of housing and cellmate requests, in particular, were found to be based on legitimate penological reasons. The prisoner was, in fact, transferred to a non-smoking unit, but was unsatisfied because some prisoners were violating the policy by sneaking cigarettes in. His two requests, that he be moved away from harassing cellmates and housed in a non-smoking unit, were essentially granted. The mere failure to allow the plaintiff to choose his own cellmates was not an action adverse enough to deter a person of ordinary firmness from exercising his constitutional rights. The denial of support for the prisoner's parole was based on his failure to fully accept responsibility for his crime, which involved traveling across state lines to have sexual relations with an underage girl. His termination from a job as a prison janitor occurred after his prior job as a "block runner" was discontinued, and was based on a poor performance evaluation and inappropriate demeanor. The prisoner himself expressed his wish not to be a janitor, and at one point refused to work. All other claims were similarly rejected, and in some instances, such as the confiscation of the typewriter, the prisoner failed to show that the individual named as the responsible defendant was actually involved in the action. Alexander v. Fritch, #10-2173, 2010 U.S. App. Lexis 20679 (Unpub. 3rd Cir.).
     The majority of a three-judge federal appeals panel rejected a prisoner's claim that a correctional employee had him transferred to a higher-level security facility in unlawful retaliation for having filed prison grievances, They agreed that filing such grievances constituted constitutionally protected activity, but found that the prisoner's assertions that the employee had "confronted" him about one such grievance was insufficient to show a cause and effect relationship between the filing of the grievance and the subsequent transfer, particularly as the prisoner failed to show that the employee was involved in any way in the decision to transfer him. A third member of the panel dissented, arguing that the prisoner's assertion that the employee told him that he would be returning to a higher security level, if true, could be used to infer that the employee had some involvement in the transfer decision. The close proximity in time between the confrontation with the employee and the transfer also might point to an act of retaliation, the dissenter contended. Cantley v. Armstrong, #09-1092, 2010 U.S. App. Lexis 17766 (Unpub. 6th Cir.).
     A prisoner contended that a corrections officer at a prison "started a chain of events" that resulted in him having a stroke. He alleged that the officer denied him both breakfast and lunch on two days in a row, resulting in his blood pressure going very high. The officer also allegedly threatened the prisoner, warning him not to pursue a lawsuit, which could constitute a claim for unlawful retaliation. Since the prisoner claimed to suffer from diabetes, high blood pressure, and heart problems, he might be able to establish deliberate indifference to his serious medical needs by the withholding of his meals. The trial court erred by dismissing the lawsuit without giving the prisoner an opportunity to amend his complaint. Zanders v. Ferko, #10-1796, 2010 U.S. App. Lexis 16398 (Unpub. 3rd Cir.).
     A prisoner claimed that a correctional officer had him removed from a job in the prison laundry in retaliation for a letter he wrote to the governor complaining about the officer. The retaliation claim was rejected, as there was no evidence refuting the officer's explanation that the prisoner was removed from the job at his own request because he felt "unsafe" there. Strope v. McKune, #09-3283, 2010 U.S. App. Lexis 11956 (Unpub. 10th Cir.).
     While working as a computer lab tutor at a prison, an inmate reminded his supervisor that an outside contractor had recommended removing certain network restrictions. The prisoner contended that the authorization of the new network amounted to a misappropriation of government funds. Hours after the discussion, the supervisor told the inmate that he might not be able to keep his job. The prisoner was, in fact, terminated, but was reassigned to work as an education aide weeks later. His new job had the exact same pay grade as his former job. Upholding the rejection of the prisoner's First Amendment retaliation claim, the court found that even if the termination had been in retaliation for the exercise of a constitutional right, the prisoner had not suffered a constitutional violation, as his pay rate remained the same. Shelton v. Fox, #09-40264, 2010 U.S. App. Lexis 11016 (Unpub. 5th Cir.).
     A Texas prisoner claimed that he obeyed an officer's orders to walk along the right side of a yellow line in an orderly manner, but that minutes later, he was approached in his cell and handcuffed by another officer for failing to follow the order. He was charged with a disciplinary offense of creating a disturbance, allegedly in retaliation for complaints his family had made about his treatment at the prison. The Texas Supreme Court agreed that the hearing officer properly declined to call, as a witness, the officer who handcuffed the prisoner, as he was not present at the time of the alleged misconduct. Also, there was no evidence that the disciplinary hearing resulted in any punishment that would be sufficient to deter the prisoner from the exercise of his First Amendment rights, so his retaliation claim failed. Institutional Division of Texas Dep't of Criminal Justice v. Powell. #08-0345, 2010 Tex. Lexis 480.
      An inmate who had worked in a prison library claimed that the librarian unlawfully retaliated against him in violation of his First Amendment rights because he had criticized library policies. In response, the librarian allegedly initiated a series of false disciplinary actions against him as well as false work evaluations, disposing of his personal materials, and denying access to the library. The court ruled, however, that the prisoner's speech was unprotected by the First Amendment as a matter of law. With regard to his criticisms of the library's policies, he had openly challenged directives issued by the librarian in front of other inmate law clerks, which was inconsistent with legitimate penological interests, which was also true of the "confrontational" manner in which he complained about his personal material, interfering with prison discipline and order. Watkins v. Kasper, #08-3105, 2010 U.S. App. Lexis 6954 (7th Cir.).
    A federal appeals court upheld a jury verdict finding that corrections officers did not retaliate against him in violation of his First Amendment rights. Further, the alleged conduct of confiscating his eyeglasses and verbally threatening him did not rise to the level of an Eighth Amendment violation, since there was no indication that these actions caused him sufficiently serious harm or injury. Felder v. Filion, #08-1767, 2010 U.S. App. Lexis 4680 (Unpub. 2nd Cir.).
      A jury returned a verdict in favor of prison officials on an inmate's claim that they removed him from his prison law library job in retaliation for his protected First Amendment activities of filing grievances and civil rights lawsuits and helping other prisoners do so. On appeal, this result was upheld. The trial court properly denied a motion to bar evidence that the prisoner was removed from his prison job because officials suspected him of stealing copy paper. This evidence was relevant to their defense that their actions were not retaliatory for protected activity. While testimony about information prison officials received from a confidential informant was hearsay, it was not offered to show the truth of the accusation that the prisoner stole paper, but merely that the officials suspected that he had and acted on the basis of that suspicion. Hale v. McMillen, #09-2737, 2010 U.S. App. Lexis 2249 (Unpub.3rd Cir.).
    A prisoner's statement that he would file and pursue a grievance against a prison employee if she failed to assist him in obtaining footlockers could be constitutionally protected conduct under the First Amendment, requiring the reinstatement of his dismissed First Amendment claim that the employee unlawfully retaliated against him by taking actions that subjected him to the possibility of receiving a major misconduct ticket. Pasley v. Conerly, #08-2132, 2009 U.S. App. Lexis 21364 (Unpub. 6th Cir.).
     A federal appeals court upheld the award of $1 in compensatory damages and $2,500 in punitive damages to a prisoner on his claim that a disciplinary charge was filed against him in retaliation for his having filed a grievance against a correctional officer for allegedly cursing at him and threatening him. The trial court did not clearly err in determining that the officer would not have filed the disciplinary charge against the prisoner in the absence of a retaliatory motive. The disciplinary report accused the prisoner of having made false statements in his grievance. Haynes v. Stephenson, #08-3766, 2009 U.S. App. Lexis 27433 (8th Cir.).
     The chronology of events surrounding a prisoner's transfer to a new facility was sufficient to assert a possible claim for retaliatory transfer against a deputy warden. The prisoner claimed that the defendant transferred him for filing a grievance against him. Williams v. Brown, #08-16230, 2009 U.S. App. Lexis 20193 (Unpub. 11th Cir.).
     While there had been "some issues" concerning the plaintiff prisoner's allegedly excessive book requests through the prison library system, he failed to show that the defendant library director had anything to do with the problem, or that the defendant conspired with other prison employees to retaliate against him for filing a grievance, in violation of his First Amendment rights. Zulu v. Botta, #05-CV-6529, 2009 U.S. Dist. Lexis 40762 (W.D.N.Y.).
     Prisoner failed to establish a denial of access to the courts based on failure to grant him requested library time when he could not show that he had suffered any actual injury to his ability to litigate his claims. He also failed to show that disciplinary actions taken against him was in retaliation for his pursuit of his claims. Bandey-Bey v. Crist, No. 08-2084, 578 F.3d 763 (8th Cir. 2009).
     A prisoner's claim that he was disciplined for sending a note to another prisoner, which violated a legitimate regulation, was an insufficient basis for a claim of unlawful retaliation in violation of the First Amendment. The prisoner did allege sufficient facts to create a due process claim regarding the alleged denial of his right to call requested witnesses at his disciplinary hearing. He claimed that despite having requested these witnesses repeatedly before and during the hearing, an officer falsely wrote down that no witnesses were requested. No argument was presented that the witnesses were denied for reasons of institutional safety or other legitimate correctional objectives, and the requested witnesses appeared to have information relevant to the prisoner's claim that a correctional officer was spreading false rumors that h was a "snitch" and that some inmates had been bribed to testify falsely against him. Moulds v. Bullard, #08-10706, 2009 U.S. App. Lexis 18296 (Unpub. 11th Cir.).
     Disciplinary determination finding prisoner guilty of drug possession and smuggling was supported by "some evidence" including reports that a prison official saw him swallow something, that drugs were found in his feces, and that drugs were found in his room. The fact that the determination was reversed, and that a second hearing officer reached a different result did not show, by itself, that the first hearing officer was biased. The prisoner also failed to allege that the purportedly false reports of his involvement in drug offenses were issued out of a retaliatory purpose. Requiring the prisoner to defecate within the view of others in a drug watch room did not violate his right to privacy. Sital v. Burgio, 06-CV-6072, 2009 U.S. Dist. Lexis 1127 (W.D.N.Y.).
     When a prisoner gave advice to a fellow inmate about how to file a grievance, he was not engaged in constitutionally protected speech. His own filing of grievances, however, as well as his statements about his intention to file grievances against a treatment program assistant, were protected speech. The prisoner failed to show that the assistant retaliated against him because of the grievances, since his grievances were a response to her actions, not the cause of them. Coleman v. Beale, #07-CV-6219, 2009 U.S. Dist. Lexis 58465 (W.D.N.Y.).
     A prisoner did not have a right to review all the potentially inculpatory evidence before a disciplinary hearing began. Additionally, while he complained of not receiving certain documentary evidence at all, it was provided to him orally. His claim that he was denied the right to call witnesses was contradicted by the fact that he did, in fact, call a witness, and his failure to name any particular witness he was allegedly prevented from calling. His general attack on the hearing officer as "immoral, not impartial and not unbiased" was not supported by any particulars. There was, the court found, "some evidence" in the record to support disciplinary action against the prisoner, and no proof of a violation of his due process rights. The prisoner also failed to show that the incident report was filed against him in retaliation for his prior filing of a federal civil rights lawsuit, in violation of his First Amendment rights. Lasko v. Holt, #08-4216, 2009 U.S. App. Lexis 11482 (Unpub. 3rd Cir.).
     While a prison guard's alleged action of displaying a noose could not reasonably have been interpreted by a prisoner as constituting a threat against him, and was not, therefore, cruel and unusual punishment, the trial court should not have dismissed the prisoner's claim that he was unlawfully retaliated against, including suffering the loss of his prison job, in response to his pursuit of a grievance over the incident. Dobbey v. Illinois Dept. of Corrections, #08-2828, 574 F.3d 443 (7th Cir. 2009).
     While the plaintiff inmate asserted that false disciplinary reports, for which he was sanctioned, were filed against him in retaliation for his use of the grievance system, he produced no evidence of this except for the timing of the discipline, and did not show that his filing of grievances was a motivating or a substantial factor in the decision to file three misconduct reports against him. The defendants presented evidence that they had legitimate penological reasons for the filing of the reports. Toussaint v. Good, #08-3751, 2009 U.S. App. Lexis 14991 (Unpub. 3rd Cir.).
     An inmate accused prison officials of violating his First Amendment rights by retaliating against him for writing a pamphlet that encouraged other prisoners to engage in work stoppages. Such work stoppages, the court stated, were deliberate disruptions of prison order, and restrictions on prisoners' rights to organize and petition were reasonable when inmate grievance procedures were available. Advocacy of such work stoppages were not entitled to First Amendment protection when less disruptive means of pursuing grievances were available. Pilgrim v. Luther, #07-1950, 2009 U.S. App. Lexis 14588 (2nd Cir.).
     A prisoner claimed that subjecting him to a disciplinary hearing for using vulgar or indecent language in a note mailed to opposing counsel violated his First Amendment rights. Rejecting this claim, a federal appeals court found that the note, which was written on toilet paper, resembled a threat and showed a "completely unjustified" disrespect for authority. It used "unacceptably vulgar" language that would not be tolerated in the free setting. Imposition of discipline for writing the note helped correct behavior that would prejudice the prisoner when he left prison. Morgan v. Quarterman, #07-41064, 2009 U.S. App. Lexis 12325 (5th Cir.).
     A prisoner claimed that he suffered unlawful retaliation, in violation of his First Amendment rights, after he provided assistance in legal matters to other prisoners. The retaliation supposedly included deprivation of property, improper segregation, and interference with his right of access to the courts. A federal appeals court found that the plaintiff prisoner failed to show that the defendants' actions affected his ability to pursue his legal claims, or that the conditions in segregation imposed a major hardship. The court ordered further proceedings, however, on the claim that he was deprived of property in retaliation for his legal assistance to other inmates, and that he provided this assistance to try to protect constitutional rights or achieve social change, activities protected by the First Amendment. Taylor v. McSwain, #08-12238, 2009 U.S. App. Lexis 12858 (Unpub. 11th Cir.).
     Rejecting a prisoner's claim that he had faced a false disciplinary charge in retaliation for his exercise of his First Amendment rights, the court ruled that any adversity suffered was minimal since the disciplinary charges were dropped after a week, no sanctions resulted, and the prisoner was afforded several opportunities to give his side of the facts to neutral persons. Starr v. Dube, #08-1322, 2009 U.S. App. Lexis 13552 (Unpub. 1st Cir.).
     Prisoner failed to establish a denial of access to the courts based on failure to grant him requested library time when he could not show that he had suffered any actual injury to his ability to litigate his claims. He also failed to show that disciplinary actions taken against him was in retaliation for his pursuit of his claims. Bandey-Bey v. Crist, No. 08-2084, 578 F.3d 763 (8th Cir. 2009).
     A prisoner failed to show a causal connection between his transfer, his loss of his bed after he was taken to a hospital for treatment, and his filing of a grievance over an incident in which he was allegedly "yanked" out of a shower and "paraded" naked back to his cell. The court therefore rejected his First Amendment retaliation claim. The court also found that the defendant correctional employees were entitled to qualified immunity on the prisoner's claim that the shower incident violate his Eighth Amendment rights, as he had no clearly established right not to have his naked body exposed in prison. Solan v. Ranck, #07-4571, 2009 U.S. App. Lexis 9987 (Unpub. 3rd Cir.).
     An affidavit from another prisoner, which was the only evidence a plaintiff inmate showed of retaliation against him for filing a grievance, actually showed that officials were motivated to place him in administrative segregation by his dangerousness, not his grievance filing. They would have taken the same actions even if he had never filed the grievance, based on his gang affiliation and his long history of violent and abusive behavior. Denying the prisoner newspapers did not violate the First Amendment, but was an acceptable policy decision for officials trying to achieve legitimate goals. The court also rejected the claim that the prisoner's rights were violated by him being forced to wear a paper gown after he was found casting a string between cells to try to pass notes and other items. Soto v. Bertrand, #08-2540, 2009 U.S. App. Lexis 9901 (Unpub. 7th Cir.).
     A prisoner did not have a right to review all the potentially inculpatory evidence before a disciplinary hearing began. Additionally, while he complained of not receiving certain documentary evidence at all, it was provided to him orally. His claim that he was denied the right to call witnesses was contradicted by the fact that he did, in fact, call a witness, and his failure to name any particular witness he was allegedly prevented from calling. His general attack on the hearing officer as "immoral, not impartial and not unbiased" was not supported by any particulars. There was, the court found, "some evidence" in the record to support disciplinary action against the prisoner, and no proof of a violation of his due process rights. The prisoner also failed to show that the incident report was filed against him in retaliation for his prior filing of a federal civil rights lawsuit, in violation of his First Amendment rights. Lasko v. Holt, #08-4216, 2009 U.S. App. Lexis 11482 (Unpub. 3rd Cir.).
     Federal appeals court upholds the rejection of a prisoner's claims that he faced retaliation for exercising his right of access to the courts both in filing his own lawsuits, and in providing legal advice to other prisoners. The court notes that providing legal advice to other prisoners is not entitled to any greater First Amendment protection than communication with fellow inmates on any other topic. The prisoner failed to show any specific harm that the alleged retaliation caused to the progress of his lawsuits. Gronquist v. Deshazer, No. 06-35024, 2008 U.S. App. Lexis 19856 (Unpub. 9th Cir.).
     A prisoner had no protected First Amendment right to make disrespectful comments about prison officials in his outgoing mail to them, calling them "evil," "unmerciful," and "inhumane." The court rejected the prisoner's claim that prison officials had unlawfully retaliated against him for his statements, in violation of his First Amendment rights. Huff v. Mahon, No. 08-6568, 2009 U.S. App. Lexis 3605 (Unpub. 4th Cir.).
     Prisoner stated a viable First Amendment claim in alleging that prison officials retaliated against him for making a statement in support of a wrongful death lawsuit against them. Bridges v. Gilbert, No. 07-1551, 2009 U.S. App. Lexis 5129 (7th Cir.).
     A prisoner claimed that he suffered unlawful retaliation, in violation of his First Amendment rights, after he provided assistance in legal matters to other prisoners. The retaliation supposedly included deprivation of property, improper segregation, and interference with his right of access to the courts. A federal appeals court found that the plaintiff prisoner failed to show that the defendants' actions affected his ability to pursue his legal claims, or that the conditions in segregation imposed a major hardship. The court ordered further proceedings, however, on the claim that he was deprived of property in retaliation for his legal assistance to other inmates, and that he provided this assistance to try to protect constitutional rights or achieve social change, activities protected by the First Amendment. Taylor v. McSwain, #08-12238, 2009 U.S. App. Lexis 12858 (Unpub. 11th Cir.)
     Prisoner failed to show that correctional defendants confiscated his property in retaliation for his previous filing of grievances, since he failed to show a causal relationship between the decision to confiscate the property and his prior actions. Royster v. Beard, No. 08-3353, 2009 U.S. App. Lexis 1364 (Unpub. 3rd Cir.).
     A prisoner failed to show a sequence of events from which it could be inferred that allegedly false disciplinary charges were filed against him in retaliation for his filing of complaints against correctional personnel. Mahogany v. Rogers, No. 06-31144, 2008 U.S. App. Lexis 18635 (Unpub. 5th Cir.).
     Even if one of the correctional officials were found to have entrapped a prisoner into a disciplinary violation, as he claimed, there was no showing that this was done in retaliation for the prisoner's testimony in a federal class action lawsuit against the correctional facility. Summary judgment for the defendants was therefore appropriate in the prisoner's First Amendment lawsuit. Clark v. Johnston, Case No. 4:07 CV 941, 2008 U.S. Dist. Lexis 101483 (N.D. Ohio).
     A prisoner could go forward with his claim that he suffered retaliatory action in connection with a transfer on the basis of his actions concerning a grievance, in violation of his First Amendment rights. The prisoner presented a plausible claim of retaliation on the basis of a memo requesting the transfer which was submitted outside of the normal procedure for such requests, and which spoke about his attempts to "create unrest" among other prisoners. Milligan v. Reed, Civil Action No. 06-cv-00911, 2008 U.S. Dist. Lexis 70864 (D. Colo.)
     There was a lack of evidence that a prison employee who filed a disciplinary report against a prisoner had knowledge of his prior federal civil rights lawsuit, justifying summary judgment on the prisoner's retaliation claims. Bennett v. Goord, No. 06-3818, 2008 U.S. App. Lexis 24441 (Unpub. 2nd Cir.).
     Prisoner's claim that prison official violated his rights by conducting a biased hearing at which he was convicted on a false charge, and by failing to explain the evidence relied on, was barred under Heck v. Humphrey, #93-6188, 512 U.S. 477 (1994), since a favorable result in the lawsuit would imply the invalidity of the loss of good time credits, impacting on the length of his confinement, and the disciplinary determination had not been set aside. A claim that the prison official who allegedly filed a false disciplinary charge against him did so in retaliation for his cooperation in an internal investigation at the facility was barred because the disciplinary determination was supported by some evidence. Davis v. Baughman, No. 07-1581, 2008 U.S. App. Lexis 2541 (8th Cir.).
     Texas detainee failed to show that limits on his access to the law library or to a typewriter resulted in any actual injury in pending court actions. The plaintiff, an alien, also asserted claims that an attorney for the U.S. Immigration and Customs Enforcement "and her ghost," the "reincarnated Jezebel Princess of Evil" appeared before him while he slept at night or showered, causing him mental distress. The court ruled that these claims were "obviously frivolous." The court also rejected claims that the prisoner had suffered unlawful retaliation for pursuing his claims against the attorney and her "ghost," since a retaliation claim cannot be based on underlying claims that are frivolous. Maringo v. McGuirk, No. 07-20163, 2008 U.S. App. Lexis 4720 (5th Cir.).
     A prisoner's motion seeking an appointed lawyer was denied. The prisoner's claims against correctional officers, including claims that they retaliated against him after he filed a grievance by putting him in keep-lock status for 16 days and slapping his face had survived a motion to dismiss. Based on the "clarity" and "comprehensiveness" of his filed complaint, as well as his ability to "articulate," the court believed that the prisoner would be able to assert his case to the finder of fact without difficulty, and that he understood the legal issues relevant to his claims, which were not complicated. Headley v. Fisher, No. 06 Civ. 6331, 2008 U.S. Dist. Lexis 51986 (S.D.N.Y.).
     A prisoner could go forward with his claim that he suffered retaliatory action in connection with a transfer on the basis of his actions concerning a grievance, in violation of his First Amendment rights. The prisoner presented a plausible claim of retaliation on the basis of a memo requesting the transfer which was submitted outside of the normal procedure for such requests, and which spoke about his attempts to "create unrest" among other prisoners. Milligan v. Reed, Civil Action No. 06-cv-00911, 2008 U.S. Dist. Lexis 70864 (D. Colo.)
     There was a lack of evidence that a prison employee who filed a disciplinary report against a prisoner had knowledge of his prior federal civil rights lawsuit, justifying summary judgment on the prisoner's retaliation claims. Bennett v. Goord, No. 06-3818, 2008 U.S. App. Lexis 24441 (Unpub. 2nd Cir.).
     Prisoner, under Illinois administrative procedures, did not have a right to confront or cross-examine witnesses at his disciplinary hearing, but was able to submit questions for the witnesses to the disciplinary committee before the hearing, which would be asked unless the committee found them to be irrelevant, cumulative, or a threat to individual safety or institutional security. Because the prisoner failed to raise a constitutional objection and failed to comply with the authorized procedures, he could not pursue his claim that he had been "retaliated" against for attempting to "present evidence" to the committee. Johnson v. Evinger, No. 06-2103, 2008 U.S. App. Lexis 2555 (7th Cir.).
     A prisoner's conduct in filing grievances was activity protected by the First Amendment, and there was sufficient evidence to support an inference that the unit manager of his cell block was motivated by retaliation for such grievances in placing him in administrative custody and later transferring him to a different prison. The unit manager showed, however, that the same steps would have been taken for legitimate penological reasons, regardless of the inmate's grievances, so there was no showing that retaliation caused the administrative custody or transfer. The court also found no evidence that these actions were taken on the basis of the prisoner's religious affiliation. Holbrook v. Walters, No. 08-2080, 2008 U.S. App. Lexis 21679 (Unpub. 3rd Cir.).
     Even if one of the correctional officials were found to have entrapped a prisoner into a disciplinary violation, as he claimed, there was no showing that this was done in retaliation for the prisoner's testimony in a federal class action lawsuit against the correctional facility. Summary judgment for the defendants was therefore appropriate in the prisoner's First Amendment lawsuit. Clark v. Johnston, Case No. 4:07 CV 941, 2008 U.S. Dist. Lexis 101483 (N.D. Ohio).
     Prisoner showed that officer filed a false disciplinary charge against him for filing a grievance against him for cursing and threatening the prisoner in violation of department policy. While the disciplinary charges were later dismissed, the prisoner suffered six days of isolation, during which he received showers only every three days and had restricted exercise privileges. He was awarded $1 in nominal damages, as he had not suffered any physical injuries. The prisoner was also awarded $2,500 in punitive damages for the officer's malicious disregard for his right to access the courts. Haynes v. Stephenson, Case No. 5:07CV00295, 2008 U.S. Dist. Lexis 81571 (E.D. Ark.).
     There was a genuine issue of fact as to whether a correctional officer retaliated against him for filing grievances by writing up false disciplinary reports and intentionally closing a cell door on him, resulting in injury. Shaw v. Cowart, No. 07-14884, 2009 U.S. App. Lexis 23500 (Unpub.11th Cir.).
     A prisoner could go forward with his claim that he suffered retaliatory action in connection with a transfer on the basis of his actions concerning a grievance, in violation of his First Amendment rights. The prisoner presented a plausible claim of retaliation on the basis of a memo requesting the transfer which was submitted outside of the normal procedure for such requests, and which spoke about his attempts to "create unrest" among other prisoners. Milligan v. Reed, Civil Action No. 06-cv-00911, 2008 U.S. Dist. Lexis 70864 (D. Colo.).
     Prisoner adequately alleged that a correctional officer seized and destroyed his family photographs from his cell in retaliation for grievances that he had filed or threatened to file against the officer. The court rejected his cruel and unusual punishment, equal protection, and due process claims. Olmsted v. Sherman, No.08-cv-439, 2008 U.S. Dist. Lexis 67391 (W.D. Wis.).
     Prisoner failed to show that his transfer to another facility was in retaliation for his pursuit of grievances, or that his grievances were denied in retaliation, rather than because the defendant officials believed that they had no merit. Additionally, the defendants presented "plausible and independent" reasons for transferring him. It was also undisputed that he had previously requested a transfer, and that the transfer moved him 200 miles closer to his home. Alexander v. Forr, No. 06-4467, 2008 U.S. App. Lexis 18682 (Unpub. 3rd Cir.).
     A Delaware inmate failed to show that he had been subjected to unlawful retaliation in violation of his First Amendment rights by having a misconduct report filed against him after he allegedly reported violations of prison rules in the kitchen where he was assigned to work, and by being subsequently disciplined and transferred following a finding of guilty on the charged infractions. The inmate failed to show that he had been engaged in constitutionally protected speech before he was fired from his kitchen job, since he only made informal verbal complaints about kitchen incidents, and failed to file any formal grievances or complaints. St. Louis v. Morris, Civ. No. 06-236, 2008 U.S. Dist. Lexis 57203 (D. Del.)
     A prisoner in a private prison in Texas had a First Amendment right to write to the Wyoming Department of Corrections Director asking to be returned to Wyoming and complaining about the conditions of his confinement, and stated a valid claim against seven prison employees contending that they retaliated against him for doing so. He also asserted a valid claim for unconstitutional deprivation of his funds by alleging that he was fined $50 because he testified in another prisoner's disciplinary hearing. Pfeh v. Freudenthal, No. 07-10312, 2008 U.S. App. Lexis 12897 (Unpub. 5th Cir.).
     Trial court improperly failed to recognize that a prisoner could have a First Amendment right to make "unflattering" statements to prison staff members in outgoing mail to his parents. The court should have analyzed whether the letters in question, which were allegedly censored and/or seized, fell within any identifiable categories of mail presented a threat to security and order. The court ordered further proceedings on the prisoner's claims concerning his personal correspondence, as well as on claims that he faced retaliation for statements made in the letters. Berenguel v. Bell, No. 07-10066, 2008 U.S. App. Lexis 13597 (Unpub. 5th Cir.).
     A prisoner in a private prison in Texas had a First Amendment right to write to the Wyoming Department of Corrections Director asking to be returned to Wyoming and complaining about the conditions of his confinement, and stated a valid claim against seven prison employees contending that they retaliated against him for doing so. He also asserted a valid claim for unconstitutional deprivation of his funds by alleging that he was fined $50 because he testified in another prisoner's disciplinary hearing. Pfeh v. Freudenthal, No. 07-10312, 2008 U.S. App. Lexis 12897 (Unpub. 5th Cir.).
     Trial court improperly failed to recognize that a prisoner could have a First Amendment right to make "unflattering" statements to prison staff members in outgoing mail to his parents. The court should have analyzed whether the letters in question, which were allegedly censored and/or seized, fell within any identifiable categories of mail presented a threat to security and order. The court ordered further proceedings on the prisoner's claims concerning his personal correspondence, as well as on claims that he faced retaliation for statements made in the letters. Berenguel v. Bell, No. 07-10066, 2008 U.S. App. Lexis 13597 (Unpub. 5th Cir.).
     There was a genuine issue of fact as to whether a prison employee who moved an inmate from the first to the second floor did so in retaliation for the prisoner having previously filed grievances and a lawsuit, requiring further proceedings on his First Amendment claim. Cross v. Dretke, No. 06-40513, 2007 U.S. App. Lexis 17207 (5th Cir.).
     An Ohio state statute allowing correctional officials to designate "at least" one tobacco-free housing area within a correctional facility also allowed them to declare the entire facility tobacco-free. The defendants also had authority to discipline the plaintiff prisoner for violating a ban on smoking, so doing so did not constitute impermissible "harassment" or "retaliation." Call v. Ohio Dept. of Rehabilitation & Corrections, No. 06AP-1057, 2007 Ohio App. Lexis 2451 (10th Dist, Franklin County).
     Prisoner's six-month disciplinary confinement did not violate a constitutionally protected interest, so that he could not obtain damages on his claim that a search of his cell, which resulted in finding of a homemade knife, and subsequent discipline, was retaliatory for his having filed a grievance, or that his disciplinary hearing violated his due process rights. McKeithan v. Jones, No. 05-2238, 2007 U.S. App. Lexis 329 (3rd Cir.).
     Prisoner failed to show that he was subjected to unlawful retaliation after he filed a grievance against an officer. The officer filed a misconduct report against him, which provided information concerning a fight between the inmate's children and the officer's children at school. The prisoner failed to show that the subsequent proceedings, which resulted in him being put into administrative custody and transferred, constituted unlawful retaliation. First, there was evidence that the officer had no involvement in what occurred after filing the report, and that institutional stability and safety required the separation of the officer and prisoner after the fight between their children occurred. Davis v. Pennsylvania State, No. 06-5188, 2007 U.S. App. Lexis 17819 (3rd Cir.).
     Inmate failed to provide sufficient documentation to show that he missed a filing deadline because of actions by prison officials which had the effect of denying him access to the courts, either as to his direct criminal appeal or his post-conviction petition. The prisoner also failed to file a brief in opposition to the defendant officials' motion for summary judgment as to the effect of their actions on two civil lawsuits, so that summary judgment was also granted on claims related to those cases. Finally, the prisoner also failed to show that prison officials retaliated against him for engaging in protected activity of attempting to access the courts. Gordon v. Lappin, No. 06-4154, 2007 U.S. App. Lexis 11977 (3rd Cir.).
     Prisoner's claim that he was subjected to retaliation and a "fabricated" misconduct complaint for expressing an opinion about which television channel inmates would watch was properly dismissed as frivolous. A First Amendment retaliation claim could not be based on this, as expressing such an opinion was not protected speech. Wilson v. Budgeon, No. 07-1607, 2007 U.S. App. Lexis 22086 (3rd Cir.).
     While the working conditions in the prison commissary were "perhaps uncomfortable," they did not violate the plaintiff prisoner's Eighth Amendment rights against cruel and unusual punishment. The prisoner also failed to show that he was improperly transferred from his commissary job in retaliation for his grievances against his supervisors. Toolasprashad v. Wright, No. 06-3784, 2007 U.S. App. Lexis 19875 (3rd Cir.).
     A Florida prisoner failed to show that prison officials altered his work assignment in retaliation for his pursuit of grievances, in violation of his First Amendment rights. Brown v. Mache, No. 07-10034, 2007 U.S. App. Lexis 12326 (11th Cir.).
     Prisoner could proceed with his First Amendment claim that a housing lieutenant falsely accused him of misconduct, causing his placement in a special housing unit in retaliation for his having filed a grievance against the lieutenant. Rivera v. Selsky, No. 9:05-CV-0967, 2007 U.S. Dist. Lexis 23064 (N.D.N.Y.).
     California prisoner stated a possible First Amendment claim by alleging that correctional officers confined him to his quarters and destroyed two of his "recycled art statutes" in retaliation for his having filed a grievance against two other correctional officers. The alleged conduct, however, did not violate his Eighth Amendment rights, and also did not violate his due process rights since he did not have a liberty interest in avoiding confinement to his quarters, and the destruction of the statutes, allegedly his property, was not "authorized." Davis v. Calif. Dept. of Corrections, No. 1:06-cv-01062, 2007 U.S. Dist. Lexis 26507 (E.D. Cal.).
     Prisoner allowed to amend his lawsuit to further explain his claim that he was suspended from a softball league and a hobby craft program in retaliation for having filed grievances, in violation of his First Amendment rights. The court found that his lawsuit did not adequately establish due process claims, because he had no protected liberty interest in remaining in the recreational programs from which he had been suspended. Bigbee v. Nalley, No. 07-C-71, 2007 U.S. Dist. Lexis 25336 (W.D. Wis.).
     Prisoner did not establish a First Amendment claim when he failed to show a connection between the alleged retaliation against him and the grievances he had previously filed. Bartelli v. Galabinski, No. 06-1545, 2007 U.S. App. Lexis 8853 (3rd Cir.).
     Evidence supported a jury determination that a prison supervisor fired inmate from his prison job and filed a false disciplinary report against him for filing a grievance against him in violation of his First Amendment rights. Appeals court upholds award of nominal damages of $1 and punitive damages of $500 against the supervisor, but finds no basis for liability against other defendants, including the prison warden, administrative review board member, a grievance officer, and a prison counselor, since there was no evidence that they were personally responsible for the actions against the plaintiff. Henderson v. Johnson, No. 04-CV-3037, 2007 U.S. Dist. Lexis 17900 (C.D. Ill.).
     Male prisoner failed to show a violation of Fourth Amendment privacy rights or 8th Amendment rights based on female correctional officers' alleged intentional observation of him in the shower or in his housing unit nude or in various undressed states, but the court ordered further proceedings on his claims that he was subsequently "ogled" multiple times in retaliation for his pursuit of grievances over the observations. The court dismissed claims based on a correctional officers alleged actions in informing inmates and staff members that the plaintiff was a homosexual, child molester, and/or rapist. Morris v. Newland, No. CIV S-00-2794, 2007 U.S. Dist. Lexis 15725 (E.D. Cal.).
     In a prisoner's lawsuit claiming that correctional officers made threats of physical violence against him, as well as threats of disciplinary action, to deter him from filing grievances, an officer's statement that "something drastic" would occur if the prisoner continued filing grievances, and a second officer's statement that the prisoner should "learn to play the game or have a boot put in your ass" could be found by a reasonable jury to be threats of violence aimed at retaliating against the prisoner for engaged in protected First Amendment activity. Pittman v. Tucker, No. 06-11454, 2007 U.S. App. Lexis 381 (11th Cir.).
     Prisoner failed to show that retaliation against him for testifying against an officer, in violation of his First Amendment rights, was the reason he was placed in administrative detention and then transferred to another facility. These events occurred after the officer filed disciplinary charges against the inmate when he discovered a diagram of the facility's kitchen in the prisoner's cell. Gay v. Shannon, No. 06-1325, 2006 U.S. App. Lexis 31742 (3rd Cir.). [N/R]
     Even if a prisoner's letters to the governor were constitutionally protected First Amendment activities, he failed to show that he had been transferred in retaliation for writing them, when his "poor behavior," including three acts of misconduct, provided a sufficient basis for his transfer. Jerry v. Williamson, No. 06-1606, 2006 U.S. App. Lexis 31325 (3rd Cir.).
     Prisoner who was held in administrative segregation for three years at three different Colorado prisons asserted several non-frivolous claims, including for unlawful retaliation against him for complaining about his segregation, complete denial of outdoor exercise, and denial of access to "church fellowship," and the prison law library. Fogle v. Colorado Dep't of Corr., No. 05-1405, 2006 U.S. App. Lexis 2024 (10th Cir.).[2006 JB Mar]
     Prisoner failed to show that a search of his cell and the confiscation of legal papers he possessed which belonged to other prisoners was unlawful retaliation for his exercise of his First Amendment rights in issuing a subpoena to the prison warden in a pending case. Peterson v. Lucero, No. 04-2318, 165 Fed. Appx. 657 (10th Cir. 2006).
     Even if a prisoner's letters to the governor were constitutionally protected First Amendment activities, he failed to show that he had been transferred in retaliation for writing them, when his "poor behavior," including three acts of misconduct, provided a sufficient basis for his transfer. Jerry v. Williamson, No. 06-1606, 2006 U.S. App. Lexis 31325 (3rd Cir.).
     Federal appeals court allows class action challenging conditions of confinement for civilly committed "Sexually Violent Predators" in California to proceed on most claims, including claims involving procedural and substantive due process, privacy, excessive force, access to courts, unlawful retaliation for grievances or lawsuits, and forced medication in non-emergency situations. Hydrick v. Hunter, No. 03-56712, 2006 U.S. App. Lexis 13497 (9th Cir.). [2006 JB Jul]
     Prisoner failed to show that retaliation against him for testifying against an officer, in violation of his First Amendment rights, was the reason he was placed in administrative detention and then transferred to another facility. These events occurred after the officer filed disciplinary charges against the inmate when he discovered a diagram of the facility's kitchen in the prisoner's cell. Gay v. Shannon, No. 06-1325, 2006 U.S. App. Lexis 31742 (3rd Cir.).
     Evidence showed that prisoner's property was not destroyed in retaliation for his filing of a grievance over it being confiscation, but instead because prison officials believed it to be contraband. Buehl v. Beard, No. 03-1313, 2006 U.S. Dist. Lexis 68642 (W.D. Pa.).
     Prisoner stated a valid claim for retaliation in violation of his First Amendment rights by alleging that he was intentionally transferred to a facility lacking rehabilitation programs as punishment for his having filed a lawsuit challenging the failure of correctional officials to provide him with rehabilitation programs ordered by a court for treatment of psychological and psychiatric problems. The claim did not challenge the defendants' right, in general, to transfer the prisoner, but rather asserted that they did so, in this instance, for an improper motive. Price v. Wall, No. Civ. A. 05-3898, 428 F. Supp. 2d 52 (D.R.I. 2006). [N/R]
     Prisoner's allegation that a federal correctional officer retaliated against him for his intention to file a grievance against him by taking actions leading to the prisoner's administrative segregation stated a viable claim for violation of the First Amendment. Johnson v. Sadzewicz, No. 05-71083, 426 F. Supp. 2d 635 (E.D. Mich. 2006).
     Prisoner stated a valid claim for retaliation in violation of his First Amendment rights by alleging that he was intentionally transferred to a facility lacking rehabilitation programs as punishment for his having filed a lawsuit challenging the failure of correctional officials to provide him with rehabilitation programs ordered by a court for treatment of psychological and psychiatric problems. The claim did not challenge the defendants' right, in general, to transfer the prisoner, but rather asserted that they did so, in this instance, for an improper motive. Price v. Wall, No. Civ. A. 05-3898, 428 F. Supp. 2d 52 (D.R.I. 2006). [N/R]
     Prisoner's allegation that he was transferred to a less desirable job assignment in retaliation for filing grievances was insufficient to show a violation of his First Amendment rights, but his assertion, if true, that he was transferred to an inferior and more dangerous prison for retaliatory reasons did state a claim. Morris v. Powell, No. 05-40578, 2006 U.S. App. Lexis 12033 (5th Cir.). [2006 JB Jul]
     Muslim prisoner who claimed he suffered retaliation from prison officials for complaining about alleged religious discrimination failed to show that the alleged "retaliation" resulted in any harm, barring his claim. Court further finds that the prisoner's employment by the California Prison Industry Authority did not make him an "employee" for purposes of a Title VII claim under the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e. Wade v. Cal. Dept. of Corrections, No. 05-15653, 171 Fed. Appx. 601 (9th Cir. 2006).
     Pennsylvania prisoner failed to present evidence from which a reasonable jury could conclude that he was fired from his prison kitchen job in retaliation for having filed grievances against his supervisor. The evidence showed that complaints about his work performance were present before he filed any grievances. Williams v. Meyers, No. 03-3938, 165 Fed. Appx. 201 (3rd Cir. 2006).
     Prisoner claiming that he was improperly retaliated against by being falsely disciplined for having written a letter and filed a prior lawsuit against prison staff members was not required to "establish" either the legal or factual elements of his claim in his complaint, but merely say enough to provide the defendants with adequate notice of his claim. Prisoner's federal civil rights lawsuit was not barred by finding, by prison disciplinary board, that his statements in his prior letter and lawsuit were false. Simpson v. Nickel, No. 05-4686, 450 F.3d 303 (7th Cir. 2006). [2006 JB Aug]
     The decision by a prison nurse to place a prisoner in four-point restraint was not shown to be retaliation for his prior lawsuits against other prison personnel, when there was no evidence that the nurse even knew of those lawsuits, and she was not named as a defendant in a lawsuit until after the incident. Ziemba v. Clark, No. 05-1613, 167 Fed. Appx. 831 (2nd Cir. 2006).
     Prisoner claiming that he was improperly retaliated against by being falsely disciplined for having written a letter and filed a prior lawsuit against prison staff members was not required to "establish" either the legal or factual elements of his claim in his complaint, but merely say enough to provide the defendants with adequate notice of his claim. Prisoner's federal civil rights lawsuit was not barred by finding, by prison disciplinary board, that his statements in his prior letter and lawsuit were false. Simpson v. Nickel, No. 05-4686, 450 F.3d 303 (7th Cir. 2006). [2006 JB Aug]
     First Amendment challenge by a class of prisoners to a federal Bureau of Prisons program statement and institutional policy barring the showing of unedited R-rated movies to inmates rejected. The prohibition was rationally related to legitimate governmental interests in promoting the rehabilitation of prisoners. Prisoners had adequate alternative means to exercise their First Amendment rights, including access to G, PG, and PG-13 rated films, as well as R-rated films that had been edited for television. Jewell v. Gonzales, No. 97-408, 420 F. Supp. 2d 406 (W.D. Pa. 2006). [N/R]
     Prisoner's allegation that he was transferred to a less desirable job assignment in retaliation for filing grievances was insufficient to show a violation of his First Amendment rights, but his assertion, if true, that he was transferred to an inferior and more dangerous prison for retaliatory reasons did state a claim. Morris v. Powell, No. 05-40578, 2006 U.S. App. Lexis 12033 (5th Cir.). [2006 JB Jul]
     etaliatory reasons did state a claim. Morris v. Powell, No. 05-40578, 2006 U.S. App. Lexis 12033 (5th Cir.). [2006 JB Jul]
     Federal appeals court allows class action challenging conditions of confinement for civilly committed "Violent Predators" in California to proceed on most claims, including claims involving procedural and substantive due process, privacy, excessive force, access to courts, unlawful retaliation for grievances or lawsuits, and forced medication in non-emergency situations. Hydrick v. Hunter, No. 03-56712, 2006 U.S. App. Lexis 13497 (9th Cir.). [2006 JB Jul]
     Prisoner failed to show that a search of his cell and the confiscation of legal papers he possessed which belonged to other prisoners was unlawful retaliation for his exercise of his First Amendment rights in issuing a subpoena to the prison warden in a pending case. Peterson v. Lucero, No. 04-2318, 165 Fed. Appx. 657 (10th Cir. 2006).
     Texas prisoner stated a viable claim of unlawful retaliation against correctional officer who allegedly repeatedly harassed and threatened him with physical abuse for refusal to work as a prison informant, and for failing to supply the names of prison employees allegedly involved in drug trafficking. David v. Hill, No. C.A.C-04-673, 401 F. Supp. 2d 749 (S.D. Tex. 2005).
     Texas prisoner stated a viable claim of unlawful retaliation against correctional officer who allegedly repeatedly harassed and threatened him with physical abuse for refusal to work as a prison informant, and for failing to supply the names of prison employees allegedly involved in drug trafficking. David v. Hill, No. C.A.C-04-673, 401 F. Supp. 2d 749 (S.D. Tex. 2005).
     Correctional officer was properly denied summary judgment on prisoner's claim that he had him transferred to another facility in retaliation for his complaint about the officer to his supervisors concerning the officer's alleged refusal to authorize the payment of funds from the prisoner's account to pay his lawyer for work in connection with his criminal appeal. If true, this would be violative of his First Amendment right of access to the courts. Siggers-El v. Barlow, No. 03-2291, 412 F.3d 693 (6th Cir. 2005). [2005 JB Nov]
     Mere fact that a prisoner obtained the reversal of a prior disciplinary sanction imposed on him by a hearing officer was insufficient, standing alone, to show that the hearing officer acted for retaliatory purposes in imposing discipline on him again four months later, particularly when the officer acquitted him of two of the three charges against him, and the prisoner himself admitted he was guilty of the third charge. Mitchell v. Senkowski, #04-1792, 158 Fed. Appx. 346 (2nd Cir. 2005).
     Correctional officer's alleged conduct of repeatedly groping or caressing a prisoner's chest, genitals and buttocks during a pat search, if true, constituted a sexual assault which would violate the Eighth Amendment, so that he was not entitled to qualified immunity. Further, the officer's alleged retaliation against the prisoner for complaining by planting evidence against him and filing a misbehavior report against him, if true, would violate the prisoner's First Amendment rights. Rodriguez v. McClenning, No. 03 Civ. 5269, 399 F. Supp. 2d 228 (S.D.N.Y. 2005).
     Prisoner failed to show that he was reassigned from a boiler-room job to a "hoe" squad and forced to work in dirty clothes and in cold weather in retaliation for his filing of grievances and complaints. The evidence showed, the court ruled, that he was actually reassigned for legitimate reasons, including the prisoner's connections to white supremacist groups and the risk of escape posed by his prior escape from another facility. Breshears v. Brown, No. 04-41749 150 Fed. Appx. 323 (5th Cir. 2005).
     Correctional officer was properly denied summary judgment on prisoner's claim that he had him transferred to another facility in retaliation for his complaint about the officer to his supervisors concerning the officer's alleged refusal to authorize the payment of funds from the prisoner's account to pay his lawyer for work in connection with his criminal appeal. If true, this would be violative of his First Amendment right of access to the courts. Siggers-El v. Barlow, No. 03-2291, 412 F.3d 693 (6th Cir. 2005). [2005 JB Nov]
     Gang members had no First Amendment right to belong to gangs, so their transfer to the "highest security" prison in Illinois, even if in "retaliation" for gang activity, was not improper. Federal appeals court reinstates, however, claims concerning whether adequate due process was provided for prisoners transferred there, and whether certain prisoners were transferred in retaliation for having pursued grievances and/or litigation concerning their conditions of confinement. Westefer v. Snyder, No. 03-3318, 2005 U.S. App. Lexis 19217 (7th Cir.). [2005 JB Oct]
     Prisoner's claim for alleged mental anguish and emotional distress arising out of a dispute with correctional officials over the alleged retaliatory withholding of two pornographic magazines by the prison mail personnel could not be pursued, in the absence of physical injury under the Prison Litigation Reform Act, 42 U.S.C. Sec. 1997e(e). He claimed that the retaliation occurred because he filed a previously lawsuit against prison employees. Geiger v. Jowers, No. 04-10299, 404 F.3d 371 (5th Cir. 2005).
     Prisoner's question to work supervisor concerning pay for prisoners laid off from prison sewing shop was not speech on a matter of public concern for which he had First Amendment protection against retaliatory action. McElroy v. Lopac, No. 03-3257, 2005 U.S. App. Lexis 5611 (7th Cir.). [2005 JB Jun]
     A prisoner's First Amendment claims are not excluded from the requirement in the Prison Litigation Reform Act, 42 U.S.C. Sec. 1997e(e) prohibiting claims for mental or emotional injury in the absence of a showing of physical injury. That rule, however, while barring the plaintiff's claims for emotion or mental injury from alleged retaliation in violation of his First Amendment rights did not bar claims for nominal, compensatory, and punitive damages for the violation of his rights. Meade v. Plummer, No. 99-CV-10011, 344 F. Supp. 2d 569 (E.D. Mich. 2004).
     Iowa prisoner's claim that a correctional officer wrote a false misconduct report concerning his behavior in retaliation for his announced intention to file a grievance against him, and did so for the purpose of preventing the processing of the grievance, stated a claim for violation of First Amendment rights, so that dismissal of the claim was not warranted under 28 U.S.C. Sec. 1915(e)(2)(B). Hartsfield v. Department of Corrections, No. 04-1311, 107 Fed. Appx. 695 (8th Cir. 2004).
     Prison law librarian's alleged refusal to allow a prisoner to bind, in a timely manner, his petition for writ of certiorari, if true, would violate his First Amendment right of access to the courts. Genuine issues of material fact as to the librarian's motivation in denying the prisoner timely access to the binder barred summary judgment on the prisoner's retaliation claim. Phillips v. Hust, No. 01-1252, 338 F. Supp. 2d 1148 (D. Ore. 2004). [N/R]
     Factual issues existed as to whether prison officials who transferred prisoner to administrative segregation after a behavior modification unit program was discontinued were motivated by a desire to retaliate against him for filing grievances, in violation of his First Amendment rights. Summary judgment was therefore properly denied to the defendants in the prisoner's lawsuit. Lodatao v. Ortiz, No. CIV.A. 02-2803, 314 F. Supp. 2d 379 (D.N.J. 2004).
     Prisoner's allegations that officers confiscated and destroyed his property, threatened to transfer him, and assaulted him in retaliation for his filing of grievances were sufficient to state a claim for violation of his First Amendment rights. Appeals court rejects the "Catch 22" argument that no claim was stated because the prisoner was undeterred by these actions from continuing to assert his First Amendment rights. Rhodes v. Robinson, No. 03-15335 380 F.3d 1123 (9th Cir. 2004). [2004 JB Dec]
     Appeals court orders further proceedings on prisoner's claim that he was falsely charged and disciplined for misconduct in retaliation for prior grievances and lawsuits against a correctional officer. Summary judgment for defendant officer was improper without considering another inmate's affidavit concerning officer's alleged retaliatory intent, and the issue of proximity in time between prisoner's exercise of his First Amendment rights and the alleged retaliatory action. Muhammed v. Close, #02-1043, 379 F.3d 413 (6th Cir. 2004). [2004 JB Dec]
     Prisoner failed to show that his placement in administrative segregation after he finished a period of disciplinary segregation was in retaliation for his exercise of his First Amendment rights in complaining of prison officials' alleged racism. The stated reasons for placing the prisoner, who had previously been convicted of drug trafficking activities within the prison, in administrative segregation were within the scope of established policy. Hall-Bey v. Hanks, No. 02-4050, 93 Fed. Appx. 977 (7th Cir. 2004). [N/R]
     Federal appeals court orders further proceedings on prisoner's claim that the confiscation of his word processor and radio, after he submitted letters critical of the prison for mailing, were retaliatory for his exercise of his First Amendment rights. Confiscation, since it was carried out under the authority of a prison administrative directive, was not a random, unauthorized action for which the availability of adequate post-deprivation state remedies would bar a federal due process claim. Allen v. Thomas, No. 03-21208, 2004 U.S. App. Lexis 20953 (5th Cir. 2004). [2004 JB Nov]
     While prisoner successfully proved that prison security director improperly put him in segregation in retaliation for filing "too many" complaints and grievances, in violation of his First Amendment rights, under the Prison Litigation Reform Act, he was not entitled to an award of compensatory damages in the absence of physical injury, but only $1 in nominal damages. Appeals court also upholds the decision not to award punitive damages, since the defendant acted out of "frustration," rather than with an "evil motive," and upholds application of PLRA section to limit attorneys' fee award in the case to $1.50. Royal v. Kautzky, No. 02-3446, 375 F.3d 720 (8th Cir. 2004). [2004 JB Oct]
     Prison guard was not entitled to qualified immunity on the claim that he filed a false misconduct ticket against a prisoner in retaliation for his "jailhouse lawyering" activity. Law prohibiting such retaliation for exercise of First Amendment rights was clearly established. Scott v. Churchill, No. 03-2427, 2004 U.S. App. Lexis 15269 (6th Cir.). [2004 JB Sep]
     Appeals court orders further proceedings on prisoner's claim that he was falsely charged and disciplined for misconduct in retaliation for prior grievances and lawsuits against a correctional officer. Summary judgment for defendant officer was improper without considering another inmate's affidavit concerning officer's alleged retaliatory intent, and the issue of proximity in time between prisoner's exercise of his First Amendment rights and the alleged retaliatory action. Muhammed v. Close, #02-1043, 379 F.3d 413 (6th Cir. 2004). [2004 JB Dec]
     Prisoner in psychiatric housing unit asserted a valid claim for unlawful retaliation against him for reporting that a correctional officer exposed his penis to him and made vulgar remarks, and then falsely accused him of misconduct after he refused to refrain from reporting the incident. Austin v. Terhune, #02-16546, 367 F.3d 1167 (9th Cir. 2004). [2004 JB Aug]
     Correctional officers were not entitled to qualified immunity from excessive force claim by previously brain-damaged pre-trial detainee who they allegedly caused severe facial and head injuries in the course of a struggle to apply restraints to his wrists after he refused to get on the water-covered floor of his cell. Detainee's behavior of banging on cell walls and doors and tossing toilet water around his cell to "protest" not being allowed out of his cell, however, was not "protected speech," so that detainee's First Amendment retaliation claim was dismissed. Simms v. Hardesty, 303 F. Supp. 2d 656 (D.Md. 2003).
     Texas prisoners, members of the Church of Christ, did not show that Texas correctional officials violated their rights to religious freedom by providing a chaplain who they had doctrinal differences with. Prisoner who allegedly caused a disturbance and walkout by 50 prisoners at services by reading a statement denouncing the chaplain did not show that he was unlawfully transferred in retaliation for exercising his First Amendment rights. Freeman v. Texas Department of Criminal Justice, #03-10443, 2004 U.S. App. 8998 (5th Cir). [2004 JB Jun]
     Prisoner's claim that he was charged with a disciplinary violation in retaliation for leading a religious group meeting which discussed whether the group should file a grievance against a prison employee adequately stated a claim for unlawful retaliation. Samuels v. Hammond, #03-30589, 78 Fed. Appx. 314 (5th Cir. 2003).
     Pennsylvania prisoner was not entitled to a judicial order requiring the state Board of Probation and Parole to grant him parole. Despite his claim that a sentencing judge and prosecutor sent unfavorable recommendations to the Board in retaliation for his filing of a successful federal habeas petition, the Board followed established procedures in denying parole, and the denial was justified by the reasons given. Burkett v. Frank, 841 A.2d 646 (Pa. Cmwth. 2004).
     Federal appeals court reinstates prisoner's claim that he was determined to be a prison gang member in retaliation for his jailhouse lawyering activity in pursuing grievances on behalf of himself and other inmates, in violation of his First Amendment rights. Evidence used had been found insufficient during two prior investigations of suspected gang affiliation. Bruce v. Ylst, #01-17527, 351 F.3d 1283 (9th Cir. 2003). [2004 JB Mar]
     Prisoner in psychiatric housing unit asserted a valid claim for unlawful retaliation against him for reporting that a correctional officer exposed his penis to him and made vulgar remarks, and then falsely accused him of misconduct after he refused to refrain from reporting the incident. Austin v. Terhune, #02-16546, 367 F.3d 1167 (9th Cir. 2004). [2004 JB Aug]
     Prison guard was not entitled to qualified immunity on the claim that he filed a false misconduct ticket against a prisoner in retaliation for his "jailhouse lawyering" activity. Law prohibiting such retaliation for exercise of First Amendment rights was clearly established. Scott v. Churchill, No. 03-2427, 2004 U.S. App. Lexis 15269 (6th Cir.). [2004 JB Sep]
     Wisconsin prisoner failed to show that transfer to another facility was a violation of his First Amendment rights and retaliatory for his participation in prior lawsuits against prison employees, as there was no evidence that those who authorized the transfer knew of these prior lawsuits. Johnson v. Kingston, 292 F. Supp. 2d 1146 (W.D. Wis. 2003).
     Prisoner could not assert a claim for denial of access to the courts based on refusal to allow him to visit the law library, in the absence of a showing of actual injury in a pending case. He could still pursue, however, his claim that he was denied access to legal materials in retaliation for filing grievances, since he had alleged a "chronology of events from which retaliation may plausibly be inferred." Westbrook v. Treon, #03-10004, 78 Fed. Appx. 970 (5th Cir. 2003).
     Wisconsin prisoner failed to show that transfer to another facility was a violation of his First Amendment rights and retaliatory for his participation in prior lawsuits against prison employees, as there was no evidence that those who authorized the transfer knew of these prior lawsuits. Johnson v. Kingston, 292 F. Supp. 2d 1146 (W.D. Wis. 2003).
     Prisoner's allegations that correctional officials denied him access to the law library, filed false disciplinary charges against him, and arranged to transfer him in retaliation for his actions in filing a federal civil rights lawsuit against them adequately stated a claim for denial of access to the courts. Federal appeals court notes that Defendant officials did not respond to these claims, and that the prisoner claimed to have been denied access even to the applicable rules on summary judgment before his other claims were rejected on the Defendants' summary judgment motion. Goodman v. Smith, No. 02-6313, 58 Fed. Appx. 36 (4th Cir. 2003). [2003 JB Jul]
     Prisoner had no constitutional right of access to probate court which was violated by prison officials' alleged actions in not allowing him to retrieve legal papers from his locker before he was transported to the court for personal business there. His protected constitutional right of access to the courts only extended to direct appeals or habeas corpus applications in criminal cases and civil rights claims. Plaintiff prisoner also failed to show that a warden's decision to transfer him was retaliatory for his letter of complaint over the incident, rather than, as asserted, based on concern for his safety after he was assaulted by other prisoners. Lewis v. Randle, No. 02-4297, 66 Fed. Appx. 560 (6th Cir. 2003).
     Trial court improperly granted defendant correctional officials' motion for summary judgment on prisoner's claim that they retaliated against him for having successfully settled a prior lawsuit against correctional officers by transferring him to a maximum security facility and imposing discipline upon him. There was a genuine issue of material fact as to whether such retaliation was a "substantial factor" in the actions taken. Bennett v. Goord, No. 01-0184, 343 F.3d 133 (2nd Cir. 2003).
     Correctional officers accused of retaliation against prisoner for supporting another inmate's excessive force claim by pursuing disciplinary charges against prisoner would not be liable for violation of his First Amendment rights if they could demonstrate "dual motivation," showing that even without their "improper" motivation, the prisoner would have been subjected to the same actions. Scott v. Coughlin, #99-0365, 344 F.3d 282 (2nd Cir. 2003). [2003 JB Dec]
     Prisoner could pursue claims against some nurses for alleged inadequate medical care and retaliation against him for filing of an earlier lawsuit, but not against one nurse against whom he had failed to exhaust available administrative remedies concerning retaliation claim. The prisoner's grievance only had to allege misconduct by the nurses and did not need to plead all the elements of a particular legal theory. Burton v. Jones, No. 01-1078, 321 F.3d 569 (6th Cir. 2003). [2003 JB Oct]
     Prison officials failed to meet their burden of showing that they would have imposed the same punishment on a prisoner regardless of their alleged retaliation against him for exercising his constitutionally protected right to use the prison grievance system to complain about alleged staff racism. Gayle v. Gonyea, No. 01-0218, 313 F.3d 677 (2nd Cir. 2002). [2003 JB Apr]
     Prisoner's allegations that correctional officials denied him access to the law library, filed false disciplinary charges against him, and arranged to transfer him in retaliation for his actions in filing a federal civil rights lawsuit against them adequately stated a claim for denial of access to the courts. Federal appeals court notes that Defendant officials did not respond to these claims, and that the prisoner claimed to have been denied access even to the applicable rules on summary judgment before his other claims were rejected on the Defendants' summary judgment motion. Goodman v. Smith, No. 02-6313, 58 Fed. Appx. 36 (4th Cir. 2003). [2003 JB Jul]
     Prisoner provided no evidentiary support for his claim that the misbehavior report concerning his "disruptively loud" telephone conversation and his refusal to obey orders to desist was "fabricated" in retaliation for prior conflicts with a correctional officer. Discipline of prisoner on the basis of misbehavior report is upheld. Crawford v. Girdich, 752 N.Y.S.2d 919 (A.D. 2003).
     Inmate sufficiently pleaded facts to support his claim that officials retaliated against him by imposing disciplinary sanctions for his "jailhouse lawyering" activities when defendants did not assert whether the prisoner had actually committed prison rule violations which would defeat the retaliation claim. Williams v. Manternach, 192 F. Supp. 2d 980 (N.D. Iowa 2002). [2002 JB Jul]
     Prisoner could state a claim for retaliatory transfer for having filed a grievance against an officer based on a sequence of events from which a retaliatory motive could be inferred, without proving motivation in the complaint. Illinois prisoner had a protected liberty interest in continued participation in work release program which could not be ended without due process. Segreti v. Gillen, 259 F. Supp. 2d 733 (N.D. Ill. 2003). [2003 JB Oct]
     Prisoner could state a claim for retaliatory transfer for having filed a grievance against an officer based on a sequence of events from which a retaliatory motive could be inferred, without proving motivation in the complaint. Illinois prisoner had a protected liberty interest in continued participation in work release program which could not be ended without due process. Segreti v. Gillen, 259 F. Supp. 2d 733 (N.D. Ill. 2003). [2003 JB Oct]
     A prison librarian's alleged filing of an "erroneous" evaluation of a prisoner's performance in his work assignment after the prisoner filed a grievance over an earlier evaluation was not unlawful retaliation in violation of the prisoner's First Amendment rights. The librarian had submitted other negative evaluations of the prisoner's work performance before he ever filed a grievance. Keenan v. Daniel, #02-2059, 63 Fed. Appx. 180 (6th Cir. 2003).
     A prison librarian's alleged filing of an "erroneous" evaluation of a prisoner's performance in his work assignment after the prisoner filed a grievance over an earlier evaluation was not unlawful retaliation in violation of the prisoner's First Amendment rights. The librarian had submitted other negative evaluations of the prisoner's work performance before he ever filed a grievance. Keenan v. Daniel, #02-2059, 63 Fed. Appx. 180 (6th Cir. 2003).
     Trial court improperly granted defendant correctional officials' motion for summary judgment on prisoner's claim that they retaliated against him for having successfully settled a prior lawsuit against correctional officers by transferring him to a maximum security facility and imposing discipline upon him. There was a genuine issue of material fact as to whether such retaliation was a "substantial factor" in the actions taken. Bennett v. Goord, No. 01-0184, 343 F.3d 133 (2nd Cir. 2003).
     State prisoner could pursue First Amendment claim asserting that he was subjected to a transfer to a facility farther from his home in retaliation for writing letters to newspapers which were critical of the prison system. State sovereign immunity under Pennsylvania law was no defense to his federal civil rights lawsuit. Owens v. Shannon, 808 A.2d 607 (Pa. Cmwlth 2002).
     Prisoner could pursue his claim that correctional officials retaliated against him for his participation in African/African American Cultural Coalition and his pursuit of grievances and lawsuits, even if he had no independent constitutional right relating to the complained of specific deprivations. Prisoner failed, however, to show that defendants' motives were retaliatory or used excessive force against him. Cunningham v. O'Leary, #00-3729, 40 Fed. Appx. 232 (7th Cir. 2002). [2003 JB Jan]
     Prisoner stated a claim for unlawful retaliation in violation of his First Amendment rights by asserting that he was told that he was removed from the prison laundry because he wrote to his congressional representative. He also stated a possible equal protection claim by asserting that he had received more severe discipline for a sexual incident because of his sexual orientation. Federal appeals court orders further proceedings as to whether plaintiff prisoner exhausted available administrative remedies on those claims. Feaster v. U.S. Bureau of Prisons, No. 00-0118, 37 Fed. Appx. 15 (2nd Cir. 2002).
     New York prisoner stated a claim for impermissible retaliation against him for protected First Amendment activity by alleging that he was disciplined because he circulated a petition requesting an investigation of a correctional officer's alleged "abusive conduct." Farid v. Goord, 200 F. Supp. 2d 220 (W.D.N.Y. 2002). [2002 JB Oct]
     California prisoner's role as chairman of an Inmate Advisory Council established by state regulations was a First Amendment protected activity; appeals court overturns summary judgment for officers accused of issuing false administrative warnings against prisoner in retaliation for his activities. Summary judgment upheld, however, for officers who filed disciplinary charges against prisoner and hearing officer who convicted prisoner, even though particular disciplinary finding was subsequently overturned by the warden. McQuillion v. McKenzie, #00-15505, 35 Fed. Appx. 547 (9th Cir. 2002).[2002 JB Sep]
     Federal prisoner stated a possible claim against the Bureau of Prisons for violation of federal Privacy Act based on a claim that he was transferred and reclassified as a "special offender" based on false accusations of misconduct against him in alleged retaliation for his exercise of his First Amendment rights. Toolasprashad v. Bureau of Prisons, #00-5424, 286 F.3d 576 (D.C. Cir. 2002). [2002 JB Jul]
     Prison's maintenance of different policies on conditions of confinement of death row prisoners and prisoners serving non-capital sentences did not constitute First Amendment retaliation against death row prisoners where the differing policies and treatment did not depend on whether the prisoner facing death had appealed their sentence. Further, while this difference in treatment may have made life "more unpleasant" for those on death row, the conditions were not so different from those faced by other inmates as to constitute cruel and unusual punishment or serve as a deterrent against filing law suits. Apanovitch v. Wilkinson, #01-3558, 32 Fed. Appx. 704 (6th Cir. 2002).
     299:172 Prisoner who lost good-time credits when he tested positive for drug use could not pursue claim that officer asked him to take the test in retaliation for filing a grievance against her unless the disciplinary determination was first set aside; prisoner could, however, pursue claims of retaliation concerning the filing of allegedly false disciplinary complaints against him or his transfer in alleged retaliation for questioning an officer's authority to deny him legal assistance. Farver v. Schwartz, No. 00-3729EA, 255 F.3d 473 (8th Cir. 2001)
     298:149 Officer was not entitled to qualified immunity on prisoner's claim that he retaliated against him for complaining about his threats to harm him by telling gun tower to shoot prisoner if he moved and then subjected prisoner to discipline for not returning to his cell. Johnson v. Freeburn, 144 F. Supp. 2d 817 (E.D. Mich. 2001).
     297:135 Prisoner was required to exhaust administrative remedies before proceeding with lawsuit challenging prison drug testing policies, which constituted a claim about "prison conditions," but he was not required to do so on claims that prison officials took retaliatory disciplinary actions against him individually. Giano v. Goord, #98-2619, 250 F.3d 146 (2nd Cir. 2001).
     295:100 Correctional officers' alleged statements labeling a prisoner a "rat" and an "informant," based on his complaints that an officer was allegedly seeking to incite another prisoner to attack him in retaliation for successfully appealing a disciplinary order did not suffice to constitute unconstitutional retaliation for his exercise of his First Amendment rights. Dawes v. Walker, No. 99-252, 239 F.3d 489 (2nd Cir. 2001).
     294:88 Prisoner did not need to exhaust administrative remedies before pursuing federal civil rights lawsuit for particular, individualized instance of alleged retaliation by correctional officer; inmate claimed officer filed disciplinary charges against him because of his complaints to prison authorities about the officer's alleged misconduct. Lawrence v. Goord, No. 99-0202, 238 F.3d 182 (2nd Cir. 2001).
     293:75 Officer was protected by qualified immunity from liability for bringing disciplinary proceeding against a Moslem inmate in retaliation for his wearing "kufi" religious headgear, since a reasonable officer could have concluded that contraband could be concealed under the kufi. Nicholas v. Tucker, 2001 U.S. Dist. LEXIS 2323 (S.D.N.Y.).
     293:72 N.Y. prisoner awarded $25,000 in compensatory damages and $20,000 in punitive damages against correctional officer who allegedly found him guilty of a disciplinary infraction in retaliation for his participation in an inmate grievance resolution committee. Maurer v. Patterson, 197 F.R.D. 244 (S.D.N.Y. 2000).
     290:27 There was probable cause for a warrant to search prisoner's jail cell based on his alleged statements to a cellmate regarding plans to take retaliatory reprisals against his inlaws; defendant officials were entitled to qualified immunity on alleged seizure and reading of a letter from prisoner to attorney. Barstow v. Kennebec County Jail, 115 F. Supp. 2d 3 (D. Me. 2000).
     289:14 Prisoner could pursue federal civil rights lawsuit over loss of his prison job which allegedly resulted from officers pursuing false disciplinary charges against him after he filed a complaint against an officer; despite the lack of a property or liberty interest in his job assignment, prisoner's equal protection (racial discrimination) and retaliation claims were not barred. DeWalt v. Carter, No. 98-2415, 224 F.3d 607 (7th Cir. 2000).
     282:83 Prisoner's conduct in pursuing frivolous legal claims was not protected conduct for which he could pursue retaliation claim in the absence of retaliatory conduct which "shocked the conscience"; prisoner could, however, pursue claim that he was retaliated against for assisting another prisoner in asserting his complaints if that assistance was necessary to enable other prisoner to do so. Herron v. Harrison, No. 98-5726, 203 F.3d 410 (6th Cir. 2000).
     277:11 Correctional officer violated prisoner's First Amendment rights by placing him in administrative segregation for three days in retaliation for filing grievances against him; appeals court rules that nominal damage award of $1 was inadequate, and that trial court should increase this and also consider awarding punitive damages against officer. Trobaugh v. Hall, #98-4031, 176 F.3d 1087 (8th Cir. 1999).
     287:165 Prisoner's alleged "stage fright," making it difficult for him to produce a urine sample for drug testing while being observed, was not a disability for purposes of the Americans With Disabilities Act (ADA); court also finds that discipline of prisoner for various misconduct charges was not retaliatory. Oyague v. State of New York, #98 Civ. 6721 (TPG), 2000 U.S. Dist. Lexis 12426 (S.D.N.Y.)
     Prisoner stated a claim for retaliation by asserting that library supervisor denied him any access to the library after he filed a grievance against her for prior denial of access. Zimmerman v. Tribble, No. 98-2163, 226 F.3d 568 (7th Cir. 2000).
     283:108 Native American prisoner stated a claim for retaliatory transfer; lawsuit claimed that he was transferred to another facility because of his practice of his Native American religion and his free speech activities in complaining about restrictions on religious practice in the prison. Rouse v. Benson, #98-2707, 193 F.3d 936 (8th Cir. 1999).
     281:67 Prisoner is awarded $4,221.40 against two officers on his claim that they imposed disciplinary sanctions on him, removed him from his job in the mess hall, and transferred him to another facility in retaliation for his complaints about prisoner work schedules which arguably violated state law limiting work hours. Gaston v. Coughlin, 81 F. Supp. 2d 381 (N.D.N.Y. 1999).
     277:11 Correctional officer violated prisoner's First Amendment rights by placing him in administrative segregation for three days in retaliation for filing grievances against him; appeals court rules that nominal damage award of $1 was inadequate, and that trial court should increase this and also consider awarding punitive damages against officer. Trobaugh v. Hall, #98-4031, 176 F.3d 1087 (8th Cir. 1999).
     274:158 Evidence showed that prisoner was not transferred in retaliation for filing a grievance, but rather because he was, by his own statement, medically incapable of performing his jail food service work assignment. Farver v. Vilches, #98-1865, 158 F.3d 978 (8th Cir. 1998).
     Trial court should have considered whether correctional officers would have taken the same actions against prisoner in the absence of a retaliatory motive when considering prisoner's First Amendment claim. Davidson v. Chestnut, No. 98-2853(L), 193 F.3d 144 (2nd Cir. 1999).
     Prisoner who assisted litigating inmate in filing a lawsuit was engaged in "protected conduct" for purposes of a retaliation claim. Thaddeus-X v. Blatter, No. 95-1837, 175 F.3d 378 (6th Cir. 1999).
     266:28 Transfer of prisoner to another facility in retaliation for his correspondence with newspaper reporter, participation in pre-authorized newspaper interview, and activities as president of authorized advocacy group for lifer prisoners was improper; prisoner entitled to damages. Castle v. Clymer, 15 F.Supp.2d 640 (E.D. Pa. 1998).
     267:37 Prison chaplain's conversations with prison official outside his chain of command concerning decision to have someone else, rather than him, tutor an illiterate prisoner was not protected First Amendment speech. Button v. Kibby-Brown, #97-2832, 146 F.3d 526 (7th Cir. 1998).
     270:84 Prison employee's demands for a personal security guard to protect him did not involve a matter of public concern entitling him to protection, under the First Amendment, from firing in alleged retaliation for raising the issue. Kohl v. Smythe, 25 F.Supp.2d 1124 (D. Hawaii 1998).
     Appeals court upholds jury verdict for correctional employee in lawsuit by prisoner asserting that law library access was denied in retaliation for a lawsuit plaintiff helped file against the mail room supervisor; while prisoner did not waive right to a jury trial, failure to give him one on his federal civil rights claim was harmless when the result, based on the evidence, could not have been different. McDonald v. Steward, #96-40088, 132 F.3d 225 (5th Cir. 1998).
     257:75 Prisoner who allegedly threatened to kill correctional officer did not show that officer issued misconduct ticket in retaliation for grievance prisoner had filed against officer several days before regarding another incident. McLaurin v. Cole, 115 F.3d 408 (6th Cir. 1997). 258:88 Prisoner could not pursue claim for damages over alleged defects in disciplinary proceeding when an award in his favor would necessarily imply the invalidity of his disciplinary conviction and it had not previously been set aside. Lusz v. Scott, 126 F.3d 1018 (7th Cir. 1997). » Editor's Note: For another recent decision holding that a claim that the hearing officer was biased (as well as other procedural defects in a prisoner's disciplinary proceeding) was not actionable in a money damages claim under 42 U.S.C. Sec. 1983, see Burnell v. Coughlin, 975 F.Supp. 473 (W.D.N.Y. 1997).
     257:75 Prisoner who allegedly threatened to kill correctional officer did not show that officer issued misconduct ticket in retaliation for grievance prisoner had filed against officer several days before regarding another incident. McLaurin v. Cole, 115 F.3d 408 (6th Cir. 1997). 258:88 Prisoner could not pursue claim for damages over alleged defects in disciplinary proceeding when an award in his favor would necessarily imply the invalidity of his disciplinary conviction and it had not previously been set aside. Lusz v. Scott, 126 F.3d 1018 (7th Cir. 1997).
     248:122 Prisoner who claimed he was transferred to another facility and denied placement on a job waiting list after complaining of alleged environmental violations by Federal Prison Industries was not an "employee" entitled to protection against retaliation under "whistleblowing" provisions of federal environmental statutes. Coupar v. U.S. Dept. of Labor, 105 F.3d 1263 (9th Cir. 1997).
     246:94 Federal appeals court upholds $2,250 damage award against correctional officials for retaliatory transfer and discipline of inmate who had prepared and filed a lawsuit over prison overcrowding. Goff v. Burton, 91 F.3d 1188 (8th Cir. 1996).
     239:174 Inmate awarded $2,163.67 in damages and $29,039 in attorneys' fees on claim that he was transferred to another, higher security, facility in retaliation for cooperating with Internal Affairs investigation of correctional officer. Cornell v. Woods, 69 F.3d 1383 (8th Cir. 1995).
     231:46 Update: Federal appeals court overturns injunction against transfer and double celling of former "Black Panther Party" leader; trial court erred in determining that prison officials' actions were in retaliation for his media interviews when transfer decision was made prior to date television interview took place, and transfer was justified by prisoner's own prior requests to be closer to his family. Pratt v. Rowland, 65 F.3d 802 (9th Cir. 1995).
     230:20 Prohibiting prisoner from corresponding with relatives in Spanish and Apache languages did not violate his constitutional rights; English-only rule was based on legitimate security concerns and hiring interpreters to translate mail would have been unduly burdensome; prison officials were, however, liable for retaliatory transfer of prisoner for filing grievances and lawsuits concerning the policy. Sisneros v. Nix, 884 F.Supp. 1313 (S.D. Iowa 1995).219:38 Prohibiting a prisoner enrolled in a therapeutic sexual offender treatment program from retaining sexually explicit fiction which he wrote did not violate his First Amendment rights, but rather was based on a legitimate goal of rehabilitation. Frink v. Arnold, 842 F.Supp. 1184 (S.D. Iowa 1994).
     221:67 Inmate's lawsuit did not need to show anything more than officer's alleged filing of false disciplinary charges against him in retaliation for his grievance against officer to state claim for officer's violation of his First Amendment right of petition; fact that inmate was not convicted of or punished for disciplinary charge did not alter result. Dixon v. Brown, 38 F.3d 379 (8th Cir. 1994).
     220:62 Federal court enjoins transfer of former "Black Panther Party" leader and placing him in double, instead of single cell; court finds probable retaliatory motive when transfer took place right after prisoner agreed to media interview and when prisoner's allegedly medical need for single cell had previously been accommodated. Pratt v. Rowland, 856 F.Supp. 565 (N.D. Cal. 1994).
     Prisoner's complaint adequately stated claim for retaliation against him for filing prior grievances. Black v. Lane, 22 F.3d 1395 (7th Cir. 1994).
     Prisoner's rights were violated when hearing officer refused inmate's request that prison employee be called as a witness in his disciplinary hearing in support of his defense that charges were filed against him as a retaliatory measure. Adams v. Coughlin, 609 N.Y.S.2d 461 (A.D. 1994).
     Prisoner's claim that correctional employees threatened him with retaliation for using prison grievance procedures was a sufficient injury to constitute an alleged First Amendment violation. Burgess v. Moore, 39 F.3d 216 (8th Cir. 1994).
     Federal prison officials were entitled to qualified immunity in suit inmate brought claiming that his First Amendment rights were violated and that he was retaliated against by being placed in administrative detention after he told the press he had allegedly sold marijuana to a Vice Presidential candidate. Kimberlin v. Quinlan, 6 F.3d 789 (D.C. Cir. 1993).
     Federal marshals did not violate any clearly established rights that inmate had when they contracted to place a pretrial detainee in local jails and transported him there; various conditions in local jails did not constitute unconstitutional deprivation of human needs. Jordan v. Doe, 38 F.3d 1559 (11th Cir. 1994). Inmate alleging retaliatory transfer must show that transfer would not have taken place "but for" the impermissible retaliatory motive. Goff v. Burton, 7 F.3d 734 (8th Cir. 1993).
     Prisoner who was "jailhouse lawyer" could amend complaint to state constitutional claim of denial of access to courts based on refusal of prison officials to transfer him out of segregation at end of 30-day period in alleged retaliation for his assistance to other prisoners, including claim that there were, at his facility no reasonable alternatives to his assistance which ensured other inmates' access to courts. Gibbs v. Hopkins, 10 F.3d 373 (6th Cir. 1993).
     Inmate alleging retaliatory transfer must show that transfer would not have taken place "but for" the permissible retaliatory motive. Goff v. Burton, 7 F.3d 734 (8th Cir. 1993).
     Prisoner's claim that correctional officials retaliated against him for his writ-writing activities should not have been dismissed as frivolous. Gartrell v. Gaylor, 981 F.2d 254 (5th Cir. 1993).
     Transfer of prisoner was not in retaliation for his exercise of constitutional rights, but because he ignored established prison rules concerning the use of inmate funds and the sending of "group" or "committee" correspondence. Brookins v. Kolb, 990 F.2d 308 (7th Cir. 1993).
     Alleged transfer of prisoner in retaliation for his activities as chairman of "Afrikan Cultural Society" stated claim for First Amendment violation. Frazier v. DuBois, 922 F.2d 560 (10th Cir. 1991).
     Federal appeals court holds that prisoner cannot sue for retaliatory discipline when the alleged retaliation arose from discipline "imparted for acts that a prisoner was not entitled to perform." Orebaugh v. Caspari, 910 F.2d 526 (8th Cir. 1990).
     Prisoner can sue for retaliatory discipline for filing grievances even if he had no constitutional right to a grievance procedure. Wildberger v. Bracknell, 869 F.2d 1467 (11th Cir. 1989).
     Inmate's lawsuit stated claim for "retaliatory transfer" for prior lawsuits. Murphy v. Lane, 833 F.2d 106 (7th Cir. 1987).
     Inmates lost their library jobs because of disciplinary tickets, not retaliation. Dupont v. Saunders, 800 F.2d 8 (1st Cir. 1986).
     No Section 1983 action against sheriff or television station for allegedly retaliating against plaintiff for filing lawsuit. Tyler v. Harper, 670 S.W.2d 14 (Mo. App. 1984
     Transfer of inmate not done for retaliatory reasons; no right to full-time job and full-time education. Lane v. Reid, 575 F.Supp. 37 (S.D.N.Y. 1983).
     Appellate Court holds prisoner's complaint alleging officials conspired to retaliate against his civil rights suits stated valid complaint; remands case to district court. Milhouse v. Carlson, 652 F.2d 371 (3rd Cir. 1981).
     Inmates not transferred in retaliation for exercising First Amendment rights; Massachusetts statute entitles inmates to educational program. Association for Reduction of Violence v. Hall, 558 F.Supp. 661 (D. Mass. 1983).
     Transfer of inmate in retaliation for his testimony at second inmate's disciplinary hearing prohibited. Lamb v. Hutto, 467 F.Supp. 562 (E.D. Va. 1979).
     Inmate complaint alleging that transfer and segregation were imposed solely in retaliation for filing other suits should not have been dismissed. Hohman v. Hogan, 597 F.2d 490 (2nd Cir. 1979).
 

See also: Access to Legal Information and Courts, First Amendment, Prisoner Discipline and Prisoner Transfers.

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