Discipline.

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...

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