Chavis v. Struebel.

• Position: Prisoner alleges prison officials of retaliation - Brief Article

U.S. District Court

RETALIATION

Chavis v. Struebel, 317 F.Supp.2d 232 (W.D.N.Y. 2004). A former state inmate filed a [section] 1983 action claiming that prison officials confiscated his legal materials, retaliated against him for filing a grievance and filed a false schizophrenia report. The district court granted summary judgment in favor of the officials, finding that their filing of a disciplinary report against the inmate was not retaliatory. The court also held that an official's alleged suggestion that a mental health unit assess the inmate did not constitute an "adverse action" necessary to support the inmate's First Amendment retaliation claim, absent an allegation that the inmate was transferred to a psychiatric...