United States Sixth Circuit

In an inmate's 42 U.S.C. section 1983 action alleging that a prison guard retaliated against him for exercising his First Amendment rights, dismissal of the complaint based on a finding that it was barred by the habeas exception to section 1983 is reversed where: 1) a victory for plaintiff would have, at most, the potential to decrease his period of detention; and 2) plaintiff had alleged adequately the elements of a First Amendment retaliation claim.

Appellate Information

• Decided 03/30/2007
• Published 03/30/2007

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David A. Carney, Baker & Hostetler, Cleveland, Ohio, for Appellant.  Linda M. Olivieri, Office of the Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  David A. Carney, Thomas D. Warren, Baker & Hostetler, Cleveland, Ohio, for Appellant.  Linda M. Olivieri, Office of the Attorney General, Lansing, Michigan, for Appellee.   Jerald Thomas, Baraga, Michigan, pro se.