· 8/12/2008
Bibbs v. Early
Citations
- 541 F.3d 267
- 2008 U.S. App. LEXIS 17157
- 2008 WL 3319732
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing First Amendment retaliation claim where official filed a disciplinary report “following an inmate’s filing of a grievance”
- recognizing First Amendment retaliation claim where official filed a disciplinary report “following an inmate’s filing of a grievance”
- alleging that staff turned the temperature in plaintiff’s cell below freezing in retaliation for prisoner’s report that they had violated security measures
- explaining that the harms arising from exposure to a cold fan over four consecutive nights could establish retaliation even if they did not rise to the extreme levels that would violate the Eighth Amendment
- holding a prisoner has no constitutionally protected interest in a particular facility
- subjecting inmate to below-freezing temperatures for more than four hours on four consecutive nights was more than de minimis
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Stewart, Southwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.