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· 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 CourtListener

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.