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11. Discipline

U.S. District Court   Farid v. Goord, 200 F.Supp.2d 220 (W.D.N.Y.
                      2002). An inmate brought a [section] 1983 action
  DUE PROCESS         against correctional officers and prison
                      officials, alleging free speech and procedural
  RETALIATION         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)

U.S. District Court   Williams v. Manternach, 192 F.Supp.2d 980
                      (N.D.Iowa 2002). An inmate brought a [section]
  RETALIATION         1983 action against corrections officials
                      alleging due process and equal protection
                      violations arising out of prison disciplinary
                      reports. The district court held that the inmate
                      sufficiently presented a retaliation and
                      conspiracy claim that officials retaliated
                      against him with disciplinary actions him for
                      "jailhouse lawyering." The disciplinary actions
                      resulted in disciplinary detention, loss of
                      privileges and his "level V status," and loss of
                      his prison job. The court also found that the
                      inmate asserted equal protection claims with his
                      allegations that inmates serving life sentences
                      received disparate treatment as to prison jobs
                      and level advancements, and quotas imposed on
                      "lifers." (Anamosa State Penitentiary, Iowa)
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Article Details
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Publication:Corrections Caselaw Quarterly
Geographic Code:1U2NY
Date:Nov 1, 2002
Previous Article:Cruel and unusual punishment.
Next Article:Exercise and recreation.

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