Willey v. Kirkpatrick, No. 13-699 (2d Cir. 2015)
Annotate this CasePlaintiff filed suit pro se under 42 U.S.C. 1983, against several corrections officers and supervisors at a New York corrections facility, alleging that, while he was incarcerated, he endured a cruel campaign of harassment at the hands of corrections officers in retaliation for his refusal to provide false information against another inmate. The district court subsequently granted defendants' motion for summary judgment. The court concluded that the grant of summary judgment conflicts with Rule 56(f) of the Federal Rules of Civil Procedure because it reached, sua sponte without notice, claims not briefed in defendants’ motion. The court reiterated the proper standard for granting summary judgment on grounds not raised by the movant, which was not met here; the court clarified the standard for a claim for unconstitutional retaliation; the court disagreed with the district court’s analysis of plaintiff’s claim for unsanitary conditions; the court revived plaintiff's claims for nutritionally inadequate meals, theft of legal documents, harassment, malicious prosecution, and false imprisonment; and the court suggested to the district court that on remand plaintiff receive appointed counsel, an opportunity to take further discovery, and leave to file a second amended complaint. Accordingly, the court vacated the judgment and remanded for further proceedings.
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