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Second Circuit· 5/9/2018

Burns v. Martuscello

Citations

  • 890 F.3d 77

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that prisoner “held a strong First Amendment interest in refusing the demands of the guards that he provide both false information, and truthful information on an ongoing basis”
  • concluding that inmate’s decision to withhold speech constitutes protected First Amendment activity
  • noting that out-of-circuit decisions must “clearly foreshadow[] a particular ruling on the issue” (quotation marks omitted)
  • finding that an inmate had a First Amendment right to refuse to give false information or to become a “snitch” in the future
  • holding that “the First Amendment protects both a prisoner’s right not to serve as an informant, and to refuse to provide false information to prison officials[,]” just as “citizens enjoy a First Amendment right to refuse to provide false information to the government”
  • acknowledging that “neither the Supreme Court nor any other 16 circuit court ha[d] yet to decide whether a prisoner holds a right not to serve as an informant.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Crawford, Pooler, Walker

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

58 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Burns v. Martuscello

1 other CourtListener record shares this case name.

Sourced 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.