Jones v. Van Lanen, No. 20-1383 (7th Cir. 2022)
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Captain Van Lanen saw apparent contraband in Jackson’s cell and ordered a search, which uncovered prohibited items: bottles of unknown liquids, a hair pick, and documents containing the names and health information of other inmates. Van Lanen ordered the confiscation of the records, some of which belonged to inmate Jones. Jackson had the records because he was helping Jones prepare a civil rights lawsuit against Van Lanen and others. Jones sought to retrieve the paperwork, claiming the documents were privileged, confidential legal materials. Prison officials denied each request. Jones claims Van Lanen said: “you won’t get to use it to sue me with!” Jackson declined to support Jones’s claim. Captain Wickman found that much of the confiscated paperwork consisted not of legal materials but rather other inmates’ medical records, constituting contraband under prison policy, and ordered most of them destroyed. Jones invoked 42 U.S.C. 1983, alleging that the officers violated the First Amendment by confiscating and destroying the documents in an effort to retaliate against Jones for filing administrative grievances and taking steps to sue Van Lanen and that the document destruction deprived him of his right to access the courts.
The Seventh Circuit affirmed summary judgment for the defendants on the access to courts claim, agreeing that Jones had not identified any harm. Jones identified enough facts to get part of his remaining retaliation claim to trial.
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