United States Seventh Circuit

In a prisoner civil rights action, district court judgment is affirmed in part where the court properly dismissed plaintiff's claim of having been subjected to a cruel and unusual punishment as the prison guard's actions could have not have reasonably be taken seriously as a threat. The dismissal of plaintiff's claim that his right of free speech was infringed is reversed and remanded where plaintiff's was not merely a personal gripe, and his punishment may have been in retaliation for uttering the grievance and thus an infringement of his freedom of speech.

Appellate Information

• Argued 06/09/2009
• Decided 07/28/2009
• Published 07/28/2009

Judges

• POSNER, Circuit Judge., Before BAUER, POSNER, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Arthur J. Rooney, Attorney (argued), Seyfarth Shaw LLP, Chicago, IL, for Plaintiff-Appellant., Lester Dobbey, Joliet, IL, pro se.