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· 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 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.