Holleman v. Zatecky, No. 19-1326 (7th Cir. 2020)Annotate this Case
Holleman, a “jailhouse lawyer,” has been awarded thousands of dollars in prior lawsuits. In 2015, Pendleton Correctional Facility (Superintendent Zatecky) transferred Holleman to Wabash. Zatecky stated that Holleman had written letters complaining of the conditions at Pendleton and, given the age of the facility, the only viable solution was to transfer Holleman to a more modern facility. Zatecky claims to have believed that the transfer was in Holleman’s best interest. Holleman was housed in the general population at both maximum-security prisons, with similar restrictions. Holleman claims he witnessed more violence at Wabash and that Wabash inmates are afraid to report violence; that Holleman was the victim of violence from his new cellmate (he did not report this incident); that he only had access to the Wabash law library for four hours per week, as opposed to seven hours per week at Pendleton; and that at Pendleton he had an individual cell.
Reversing the district court, the Seventh Circuit held that the transfer did not violate Holleman’s clearly established right to be free from retaliation for protected First Amendment activity, such that his suit can overcome qualified immunity. Holleman complained about inadequate conditions at Pendleton; the Defendants responded by transferring him. Even taking the facts in the light most favorable to Holleman, they do not support a finding that the transfer was motivated by the fact that he engaged in protected activity rather than the substance of his complaints.