United States Sixth Circuit

In plaintiff-prisoner's suit, alleging that a guard retaliated against plaintiff's exercise of his First Amendment rights by filing a false misconduct ticket against him, the guard was denied qualified immunity because case law in July of 1995 would have put a reasonable officer on fair warning that his conduct was illegal.

Appellate Information

• Argued 06/11/2004
• Decided 07/23/2004
• Published 07/23/2004

Judges

• Before SILER, MOORE, and BALDOCK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• S. Grace Davis (argued and briefed), David R. Cleveland (briefed), Miller, Johnson, Snell & Cummiskey, Grand Rapids, MI, for Plaintiff-Appellee., Kevin R. Himebaugh (argued and briefed), Asst. Atty. Gen., Office of the Attorney General, Corrections Div., Lansing, MI, for Defendants-Appellants.