Opinion · Court of Appeals for the Eighth Circuit

Donald L. Dixon v. Larry Brown, Co I

38 F.3d 379

Type
Opinion
Court
Court of Appeals for the Eighth Circuit
Jurisdiction
Federal
Date
1994-11-29
Topic
bankruptcy

How later courts describe this case

  • holding that “filing of a disciplinary charge becomes actionable if done in retaliation for the inmate’s filing of a grievance” and stating that such conduct “strikes at the heart of an inmate’s constitutional right to seek redress of grievances”
  • noting that the filing of a disciplinary charge becomes actionable if done in retaliation for exercising a First Amendment right
  • explaining that “the filing of a disciplinary charge becomes actionable if done in retaliation for the [exercise of a First Amendment right]”
  • filing disciplinary charge is actionable under § 1983 if done in retaliation for inmate filing grievance
  • restating the rule recognized in Sprouse that a false disciplinary report filed in retaliation for filing a grievance was actionable even though filing of a false disciplinary charge is not actionable in and of itself
  • inmate need not show separate, independent injury as element of retaliation case; district court improperly granted summary judgment on ground that disciplinary committee dismissed false disciplinary charge and inmate was not punished
  • “Because the retaliatory filing of a disciplinary charge strikes at the heart of an inmate’s constitutional right to seek redress of grievances, the injury to this right inheres in the retaliatory conduct itself.”
  • “Although the filing of a false disciplinary charge is not itself actionable under § 1983, the filing of a disciplinary charge becomes actionable if done in retaliation for the inmate’s filing of a grievance.”

Citator

UpLaw has not yet analyzed Donald L. Dixon v. Larry Brown, Co I. The absence of a flag is not a finding that it is good law.

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99 opinions