· 4/6/2011
O'BRYANT v. Finch
Citations
- 637 F.3d 1207
- 2011 U.S. App. LEXIS 6877
- 2011 WL 1261132
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “if the [prison] official can show that he would have taken the disciplinary action in the absence of the prisoner’s protected conduct, he cannot be held liable.”
- noting that “if the [prison] official can show that he would have taken the disciplinary action in the absence of the prisoner's protected conduct, he cannot be held liable.”
- recognizing that “[a]ny possible causal connection between the protected activity (the grievances) and the harm . . . is severed since the harm is not in reaction to any protected activity, but directly due to an improper activity”
- holding that “an inmate cannot state a claim of retaliation for a disciplinary charge involving a prison rule infraction when the inmate was found guilty of the actual behavior underlying that charge after being afforded adequate due process”
- noting that due process merely requires there be some evidence in the record that could support the conclusion reached by the disciplinary official
- finding that the causal connection element of a retaliation claim cannot be established “if the official can show that he would have taken the disciplinary action in the absence of the prisoner’s protected conduct”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Kravitch, Black
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.