· 7/25/1988
Francisco Franco v. Walter Kelly, Lt. Moscicki and Officer Higley
Citations
- 854 F.2d 584
- 1988 U.S. App. LEXIS 10078
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that retaliation for cooperating with an administrative investigation of alleged incidents of prisoner abuse implicated the petitioner’s First Amendment rights
- holding that plaintiff stated a retaliation claim where plaintiff alleged prison officials intentionally filed false disciplinary charges against him in retaliation for participating in state investigation into inmate abuse
- recognizing retaliation for prisoner’s cooperation with a state administrative investigation of abuse of another inmate “implicated [a prisoner’s] broader right to petition government for redress of grievances”
- recognizing a claim for failure to conduct a proper investigation in the context of alleged retaliation
- finding that prisoner stated a claim based on false disciplinary charges against him in retaliation for cooperation with an investigation into inmate abuse
- noting that documents sworn under penalty of perjury may suffice for summary judgment purposes even if they do not meet all of the formal requirements of a notarized affidavit
Source: CourtListener parenthetical corpus (CC0).
Judges: Timbers, Meskill, Kearse
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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