Manuel v. Nalley, No. 18-3380 (7th Cir. 2020)
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Manuel's disabled cellmate requested a change of rooms and became hostile toward Manuel. Manuel reported this but no action was taken. The cellmate beat Manuel into unconsciousness. Officer Nalley investigated. Manuel submitted a grievance to Counselor Miller. Manuel later filed additional grievances and requested status updates. Miller failed to respond. Manuel filed a civil complaint. Later, an inmate informed prison personnel that Manuel asked him and another inmate to file fraudulent paperwork regarding the attack. The prison filed an incident report and shakedown slip.
Two weeks later, Manuel again sought a status update The conversation ended when Miller asked Manuel if he was going to file a grievance against her; he responded “maybe.” Minutes later, Nalley searched Manuel’s cell following the shakedown slip and confiscated a note describing trading and trafficking, forged letters describing the cellmate incident, letters addressed to the court, and a contraband cassette tape. The prison committee found Manuel guilty of forging documents and possessing contraband.
The district court rejected, on summary judgment, his 42 U.S.C. 1983 First Amendment retaliation claim against Miller and Nalley. The Seventh Circuit affirmed. Manuel needed to furnish evidence that would allow a reasonable jury to find that his protected speech was at least a motivating factor for Nalley’s response. The suspicious timing of the shakedown shortly after the conversation with Miller is not enough to prove that Nalley was motivated by the protected activity and the shakedown was retaliation.
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