Morales v. Mackalm.U.S. Appeals Court RETALIATION Morales v. Mackalm, 278 F.3d 126 (2nd Cir. 2002). An inmate brought a civil rights action against corrections personnel alleging they were deliberately indifferent to his serious medical needs, sexually assaulted him, discriminated against him on the basis of his race, and retaliated against him because he filed a grievance. The district court dismissed the case with prejudice and the inmate appealed. The appeals court affirmed in part, and vacated and remanded in part. The appeals court held that the inmate stated an actionable claim for retaliation based on officials' actions in transferring him to a psychiatric center shortly after he filed a grievance. The appeals court found that the allegation that a prison employee called the inmate a "stoolie stool·ie n. Slang A stool pigeon. Noun 1. stoolie - someone acting as an informer or decoy for the police canary, fink, snitch, stool pigeon, stoolpigeon, sneaker, snitcher, sneak " in front of other inmates did not satisfy the adverse action requirement of the inmate's claim of retaliation. According to the appeals court, a prison employee's alleged conduct of asking the inmate to have sex with her and to masturbate mas·tur·bate v. To perform an act of masturbation. in front of her and other female employees was not sexual harassment sexual harassment, in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes. in violation of the Eighth Amendment. (Woodburne Correctional Facility, Marcy Correctional Facility Marcy Correctional Facility is located in Marcy, New York, USA; it is a medium security prison in Oneida County, New York. The prison is co-located with the Central New York Psychiatric Center, where incarcerated prisoners from state and local jurisdictions can be held and , Sullivan Correctional Facility Sullivan Correctional Facility is a New York State correctional facility located in Fallsburg, New York. It is operated by the New York State Department of Correctional Services. It is a maximum security prison for male inmates. Sullivan is located on an 850 acre (3. , New York) |
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