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Chavis v. Struebel.


U.S. District Court

RETALIATION RETALIATION. The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should lay a very heavy tariff on American goods, the United States would be justified in return in laying heavy duties on the manufactures and  

Chavis v. Struebel, 317 F.Supp.2d 232 (W.D.N.Y. 2004). A former state inmate filed a [section] 1983 action claiming that prison officials confiscated con·fis·cate  
tr.v. con·fis·cat·ed, con·fis·cat·ing, con·fis·cates
1. To seize (private property) for the public treasury.

2. To seize by or as if by authority. See Synonyms at appropriate.

adj.
 his legal materials, retaliated against him for filing a grievance and filed a false schizophrenia report. The district court granted summary judgment in favor of the officials, finding that their filing of a disciplinary report against the inmate was not retaliatory re·tal·i·ate  
v. re·tal·i·at·ed, re·tal·i·at·ing, re·tal·i·ates

v.intr.
To return like for like, especially evil for evil.

v.tr.
To pay back (an injury) in kind.
. The court also held that an official's alleged suggestion that a mental health unit assess the inmate did not constitute an "adverse action" necessary to support the inmate's First Amendment retaliation claim, absent an allegation that the inmate was transferred to a psychiatric unit, subjected to psychiatric treatment against his will, subjected to a mental health evaluation, stigmatized as having a psychiatric illness, or ridiculed by other corrections officers or inmates as the result of the official's comments. The court found that insulting, disrespectful dis·re·spect·ful  
adj.
Having or exhibiting a lack of respect; rude and discourteous.



disre·spect
 or sarcastic comments by corrections officers are not sufficient to satisfy the adverse action requirement of a First Amendment retaliation claim. (Attica Correctional Facility, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
)
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Title Annotation:prisoner alleges prison officials of retaliation
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U2NY
Date:Aug 1, 2004
Words:183
Previous Article:Donhauser v. Goord.
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