Mitchell v. Horn.

• Position: ACCESS TO COURT - Brief Article

U.S. Appeals Court

RETALIATION FOR LEGAL ACTION

Mitchell v. Horn, 318 F.3d 523 (3rd Cir. 2003). A state prisoner brought a pro se [section] 1983 action against a corrections officer and other prison officials, alleging that the officer planted contraband near his locker in retaliation for complaints he filed against the officer, and that he was denied a fair hearing on the contraband charge. The district court dismissed the action and the prisoner appealed. The appeals court reversed and remanded. The appeals court held that the prisoner lacked available remedies for meeting...