Hannon v. Beard, No. 10-1792 (1st Cir. 2011)
Annotate this CaseThe inmate, convicted in 1978 of murder, gained a reputation as a "jail house lawyer" while serving his life sentence and acquired a number of "separations," a term used to indicate a conflict counseling against assignment of one inmate to the same institution as another inmate or staff member. Because of the separations, Pennsylvania began billeting him in other states' institutions pursuant to the Interstate Corrections Compact. In 2001 he was transferred to Maryland. A letter, written in connection with the transfer, noted that the inmate is not a discipline problem, but is a "nuisance" as a jailhouse lawyer. The district court rejected a suit under 42 U.S.C. 1983. The First Circuit affirmed, holding that there was no evidence of a causal connection between the inmate's protected First Amendment activities and the transfer. The timing of the transfer and the use of the term "nuisance" did not establish retaliatory motive.
The court issued a subsequent related opinion or order on June 13, 2011.
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