Jackson v. Humphrey, No. 14-10183 (11th Cir. 2015)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983, alleging that the termination of her visitation privileges with her inmate husband was in retaliation for exercising her First Amendment free speech rights. Plaintiff had made public protests, alleging that the Department of Corrections violated the constitutional rights of her husband and other inmates when the inmates were engaged in a hunger strike. Corrections officials appealed the district court's ruling to the extent that it denied them summary judgment after the hunger strike ended. The court concluded that, based on the cross-appeal rule, it may not entertain plaintiff's arguments with respect to the district court's grant of qualified immunity to the Corrections officials during the hunger strike. In regards to the Corrections officials' appeal, the court concluded that the Corrections officials are entitled to qualified immunity for both the period during the hunger strike and for the period after the hunger strike ended where the record established that the decision to terminate plaintiff's visitation privileges was lawfully made during the time at issue. Accordingly, the court reversed and remanded.
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