Smart v. England, No. 22-11738 (11th Cir. 2024)
Annotate this CaseInmate Germaine Smart alleged that prison officials Ronald England, Gary Malone, and Larry Baker violated his First Amendment rights by retaliating against him for reporting an alleged sexual assault by England. Smart claimed that England sexually assaulted him during a pat-down search, but after an internal investigation, Smart's allegations were found to be unfounded and England charged Smart with lying. The United States Court of Appeals for the Eleventh Circuit ruled that the officials did not violate Smart's First Amendment rights. The court stated that a prisoner's violation of a prison regulation is not protected by the First Amendment, and in this case, the prison tribunal's finding that Smart lied, which was based on due process and some evidence, was conclusive. Therefore, the officials were entitled to qualified immunity.
The court issued a subsequent related opinion or order on February 22, 2024.
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