Spencer v. Jackson County Missouri, et al., No. 12-1532 (8th Cir. 2013)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983 against Jackson County, Missouri and employees in its detention center. On appeal, plaintiff challenged the dismissal of his First Amendment claims. The court concluded that there was a genuine dispute of material fact as to whether the supervisor's removal of plaintiff from the trustee program in 2009 was motivated by the lawsuit he had filed against her in 2006; as to whether plaintiff would have been transferred from H module to D module but for his use of the grievance process; and as to whether two certain employees took adverse action against plaintiff by obstructing his access to the grievance process. Accordingly, the court reversed the district court's grant of qualified immunity to defendants, remanding for further proceedings.
Court Description: Prisoner case - Prisoner civil rights. The district court erred in granting defendant Carter's motion for summary judgment on plaintiff's claim Carter violated his civil rights by ordering his removal from a trustee program in retaliation for an earlier lawsuit; similarly, there was genuine issue of material fact as to whether defendants Anthony and Williams retaliated against plaintiff by reassigning him to a more dangerous unit and by attempting to block his attempts to file any additional grievances after he filed grievances regarding the trustee program. Judge Shepherd, dissenting in part.
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