United States Second Circuit

In a 42 U.S.C. section 1983 action, circumstantial evidence created a genuine issue of fact as to whether corrections officials filed a false misbehavior report and subjected plaintiff to solitary confinement in retaliation for his exercising his constitutional right to file grievances.

Appellate Information

• Decided 12/10/2002
• Published 12/11/2002

Judges

• SACK, Circuit Judge., Before CALABRESI, SACK, and B.D. PARKER, JR., Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gregory Gayle, pro se, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Martin A. Hotvet, Assistant Solicitor General (Elliot Spitzer, Attorney General of the State of New York, Nancy A. Spiegel, of counsel), Albany, NY, for Defendants-Appellees.