United States Seventh Circuit

Pearson v. Welborn, 05-1068

Denial of judgment as a matter of law for defendants in a retaliation suit brought by a prisoner against a prison warden and social worker is affirmed where: 1) the prisoner's refusal to act as an informant and his complaints about the conditions in the prison were protected First Amendment activities; 2) the social worker's inconsistent verdict argument failed because she did not demonstrate that the jury's verdict was irreconcilable with the evidence presented at trial; and 3) the warden could not claim qualified immunity.

Appellate Information

• Argued 04/14/2006
• Decided 12/08/2006
• Published 12/08/2006

Judges

• ROVNER, Circuit Judge., Before BAUER, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Alan S. Mills (argued), Uptown Peoples's Law Center, Chicago, IL, for Plaintiff-Appellant, Cross-Appellee., Carl Elitz (argued), Office of the Attorney General Civil Appeals Division, Chicago, IL, Karen L. Kendall, Craig L. Unrath (argued), Heyl, Royster, Voelker & Allen Peoria, IL, for Defendants-Appellees, Cross-Appellants.