U.S. Appeals Court: RETALIATION OTHER STATE.

• Position: Brief Article

Rouse v. Benson, 193 F.3d 936 (8th Cir. 1999). A state prisoner brought a civil rights action against prison officials alleging that his transfer from one prison to another was in retaliation for his exercise exercise of his Native American religion and violated his equal protection rights. The district court entered summary judgment in favor of the officials and the prisoner appealed. The appeals court reversed and remanded, finding that fact issues as to whether the transfer was in retaliation for exercise of a First Amendment activity precluded summary judgment. The prisoner had been convicted and incarcerated in Iowa but was transferred at his request to a...