Spiegla v. Hull.U.S. Appeals Court FREE SPEECH 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 SCHEDULE Spiegla v. Hull, 371 F.3d 928 (7th Cir. 2004). A state prison employee sued prison officials under [section] 1983 alleging that they changed her shift schedule and post assignment in retaliation for her exercise of her free speech rights. The district court entered summary judgment for the officials and the employee appealed. The appeals court reversed and remanded, finding that the employee's speech concerning alleged official misconduct official misconduct n. improper and/or illegal acts by a public official which violate his/her duty to follow the law and act on behalf of the public good. Often such conduct is under the guise or "color" of official authority. (See: official) was made as a private citizen on a matter of public concern, and she demonstrated that her comments were the substantial or motivating factor in her transfer and shift change. The employee's comments addressed her direct observations of prison officials engaged in an activity that was consistent with contraband contraband, in international law, goods necessary or useful in the prosecution of war that a belligerent may lawfully seize from a neutral who is attempting to deliver them to the enemy. trafficking, in violation of state law, at a facility that had a history of problems with contraband. The court noted that her transfer came only four days after her comments, after seven years of uninterrupted postings on prison gates, and that another prison official admitted he was angry with the employee for her comments. (Westville Correctional Facility The Westville Correctional Facility, located in Westville, Indiana, is a state-operated prison for adult males. The facility contains sections of three levels of security. [1] The average daily population in September 2006 was approximately 3,100. , Indiana Indiana, state, United States Indiana, midwestern state in the N central United States. It is bordered by Lake Michigan and the state of Michigan (N), Ohio (E), Kentucky, across the Ohio R. (S), and Illinois (W). ) |
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