Grievance procedures, prisoner.

21. Grievance Procedures, Prisoner

U.S. District Court   Farid v. Goord, 200 F.Supp.2d 220 (W.D.N.Y.
                      2002). An inmate brought a [section] 1983 action
  RETALIATION         against correctional officers and prison
                      officials, alleging free speech and procedural
  PETITION            due process violations under the First and
                      Fourteenth Amendments. The district court granted
                      summary judgment, in part, for the defendants.
                      The court held that the inmate, who had
                      circulated a petition, engaged in protected
                      conduct even though the prison had a grievance
                      process that could have been used. The petition
                      concerned allegations that an officer failed to
                      allow inmates adequate time to finish their
                      breakfast. The court noted that no regulation
                      barring petitions was in effect at the time. The
                      court denied summary judgment on the issue of
                      whether the inmate's right to petition the
                      government and right to free speech were violated
                      by officers when they determined, independent of
                      the facility's media review committee, that a
                      copy of the petition the inmate had sent to the
                      prison superintendent was unauthorized, and that
                      two satirical articles written by the prisoner,
                      one of which was published by local news media,
                      were detrimental to the order of the facility.
                      The court denied qualified immunity to officers
                      on the inmate's retaliation claim, finding that
                      the inmate's right not to suffer retaliation for
                      engaging in protected First Amendment activities
                      was clearly established at the time of the
                      alleged retaliation. The inmate alleged that the
                      officers retaliated with searches of his cell and
                      work area, and with disciplinary charges for
                      authoring and possessing certain articles.
                      (Attica Correctional Facility, New York)