· 7/15/1998
David S. Peterson v. John Shanks, Warden, Wilfred Romero, and Major Ruben Vigil
Citations
- 149 F.3d 1140
- 1998 Colo. J. C.A.R. 3819
- 1998 U.S. App. LEXIS 16180
- 1998 WL 394505
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that filing of lawsuit was not “but for” cause of placement into segregation when such placement occurred before the suit was filed
- holding that a prisoner must prove “but for” retaliatory motive, disciplinary action would not have taken place
- concluding assertions “based on mere speculation rather than evidence” were insufficient to survive summary judgment
- finding that a prisoner did not have a viable claim under 42 U.S.C. § 1983 for denial to family visitation
- noting that “conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based”
- holding retaliation is improper “even where the action taken in retaliation would be otherwise permissible”
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Holloway, Magill
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.