U.S. District Court: RETALIATION.

Bowman v. City of Middletown, 91 F.Supp.2d 644 (S.D.N.Y. 2000). An arrestee who was held for 19 days on suspicion of murder brought a [sections] 1983 action alleging false arrest, malicious prosecution and civil rights violations while confined. The district court held that denial of commissary privileges for five days was not a due process violation, especially since the only deprivation suffered was the inability to order cigarettes, which was the sole item the detainee desired from the commissary. The court found that the jail superintendent was entitled to qualified immunity from liability for his decision to have the pretrial detainee shackled when outside of his cell based on the wording of the note that the detainee had sent to the superintendent complaining of his loss of commissary privileges, because the right to complain to prison administrators was not clearly established. The note asked "[who] do you think you are" and promised "I will see you or whomever in court." (Orange County Jail, New York)