Luna v. Davis, No. 21-50578 (5th Cir. 2023)
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Plaintiff, proceeding pro se, filed a lawsuit in Texas state court against several officials at the Texas Department of Criminal Justice, where he remains an inmate. He alleged violations of his First and Eighth Amendment rights under 42 U.S.C. Section 1983 arising out of a housing transfer and subsequent physical altercation. According to Plaintiff, he had previously been sexually harassed and threatened by inmates in boot camp housing; after asking the sergeant for a transfer to the main building on account of the harassment and threats, he was assigned housing in the main building. Defendants removed the case to federal court, whereupon the district court granted their motion to dismiss all of Plaintiff's claims except for two: his First Amendment retaliation and Eighth Amendment failure-to-protect claims. The district court granted Defendant’s motion for summary judgment on qualified immunity grounds. The district court dismissed Plaintiff’s remaining claims with prejudice, and he appealed.
The Fifth Circuit reversed in part and affirmed the district court’s summary judgment dismissal of Plaintiff’s First Amendment retaliation claim. The court reasoned that the facts are consistent with Plaintiff’s allegation that Defendant transferred Plaintiff back to boot camp housing to teach him a lesson about seeking housing transfers from other officials, knowing that he faced a substantial risk of being assaulted by the inmates who he had previously reported to prison officials during the officer protection investigation. The court concluded that this statement is sufficient to create a genuine material factual dispute. However, the court did not decide whether, given this factual dispute, Defendant violated clearly established law.
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