Discipline.

• Position: Prisoner litigation - Brief Article

U.S. Appeals Court

RETALIATION

Farver v. Schwartz, 255 F.3d 473 (8th Cir. 2001). An inmate brought a [section] 1983 action against prison officials alleging that harassment from correctional officers prompted a urine test which resulted in his loss of good time credits, change of class, and relocation. The district court dismissed the action and the inmate appealed. The appeals court affirmed in part, reversed in part and remanded. The appeals court held that the inmate stated a claim under [section] 1983 with respect to allegedly false disciplinary charges and allegedly retaliatory relocation. The inmate had been relocated 250 miles from his home after he questioned an officer's right to deny him legal assistance. The inmate had previously filed a grievance against another officer that allegedly resulted in false disciplinary charges. (Cummins Unit, Arkansas Department of Correction)

U.S. District Court

EVIDENCE

Gayle v. Lucas, 133 F.Supp.2d 266 (S.D.N.Y. 2001). A former prisoner brought a [section] 1983 action against state correctional officers, alleging they issued false and retaliatory misbehavior reports against him. The district court entered summary judgment for the defendants, finding that uncontradicted evidence indicated that the prisoner committed the offenses for which he had been disciplined. (Sing Sing Correctional Facility, New York)

U.S...