U.S. Appeals Court: RETALIATION OTHER STATE.Rouse v. Benson, 193 F.3d 936 (8th Cir. 1999). A state prisoner one in confinement, or under arrest, for a political offense. See also: State brought a civil rights action against prison officials alleging that his transfer from one prison to another was in 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 for his exercise exercise of his Native American religion and violated vi·o·late tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates 1. To break or disregard (a law or promise, for example). 2. To assault (a person) sexually. 3. his equal protection rights. The district court entered summary judgment in favor of upon the side of; favorable to; for the advantage of. See also: favor the officials and the prisoner appealed. The appeals court reversed and remanded, finding that fact issues as to whether the transfer was in retaliation for exercise of a First Amendment activity precluded summary judgment. The prisoner had been convicted and incarcerated incarcerated /in·car·cer·at·ed/ (in-kahr´ser-at?ed) imprisoned; constricted; subjected to incarceration. in·car·cer·at·ed adj. Confined or trapped, as a hernia. in Iowa but was transferred at his request to a state prison in Minnesota where he hoped to have greater opportunities to practice his Native American religion, specifically the practices of Lakota. While incarcerated in Minnesota he complained about various religious restrictions and filed several grievances. He was returned to Iowa and alleged that his transfer was in retaliation for his grievances and his efforts to practice his religion. (Minnesota Correctional Facility, Stillwater) |
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