United States Fourth Circuit

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Martin v. Duffy, 16-6132

In a civil rights 42 U.S.C. section 1983 action filed pro se against a prison captain who placed inmate-plaintiff in segregation after plaintiff filed a grievance against a prison sergeant contending that the sergeant inappropriately touched him during a shakedown, alleging that his placement in segregation violated his constitutional rights to freedom from retaliation for filing a grievance, equal protection, and due process, the district court's dismissal of the complaint for failure to state a claim is reversed in part where: 1) construing plaintiff's complaint liberally, he pleaded sufficient facts to state a claim that the captain violated his First Amendment rights by placing him in segregation as retaliation for filing a grievance; and 2) defendant is not entitled to qualified immunity from plaintiff's retaliation claim because it was clearly established at the time plaintiff was placed in segregation that retaliating against an inmate for filing a grievance violates the inmate's rights under the First Amendment, Booker v. S.C. Dep't of Corr., 855 F.3d 533, 546 (4th Cir. 2017).

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/06/01

Judges

  • WYNN

Court

  • United States Fourth Circuit

Counsel


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