Hargis v. Foster.

• Position: Prisoner alleges prison officals of violation of First and Eighth Amendment rights - Brief Article

U.S. Appeals Court

FREE SPEECH

Hargis v. Foster, 312 F.3d 404 (9th Cir. 2002). A state prisoner who suffered from a neurological disorder brought a [section] 1983 action against prison officials in their individual and official capacities, alleging violations of his First and Eighth Amendment rights. The district court granted summary judgment on one claim and dismissed the remaining claims, and the prisoner appealed. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that factual issues precluded summary judgment on the prisoner's free speech claim. The court ordered further proceedings to determine of officials acted unreasonably when they characterized the...