· 5/17/2004
Samuel Eric Austin v. Cal A. Terhune, Director, and James Williams, Correctional Officer
Citations
- 367 F.3d 1167
- 2004 U.S. App. LEXIS 9546
- 2004 WL 1088293
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the Eighth Amendment’s protections do not necessarily extend to mere 9 verbal sexual harassment.”
- concluding that sexual gesturing from a control booth was not sufficiently serious to constitute an Eighth Amendment violation
- holding that “the Eighth Amendment’s protections do not necessarily extend to mere 15 verbal sexual harassment.”
- holding that prisoner’s complaint alleging that he was “punished for filing a grievance” against a correctional officer was sufficient to provide notice of claim that he was retaliated against for exercising his First Amendment rights
- holding that prisoner stated a First Amendment retaliation claim where he alleged that a guard exposed his genitalia to him and the guard then filed a false disciplinary report against him after he complained
- holding that prisoner’s complaint alleg- ing that he was “punished for filing a grievance” against a correctional officer was sufficient to provide notice of claim that he was retailed against for exercising his First Amend- ment rights
Source: CourtListener parenthetical corpus (CC0).
Judges: Canby, Fletcher, Tallman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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