United States Eighth Circuit

In a prisoner's action alleging that certain disciplinary actions constituted retaliation for his having successfully obtained a prior court order, and also claiming violations of his right to access the courts, dismissal of plaintiff's claims is affirmed where: 1) for purposes of the right to access claim, plaintiff failed to articulate how he suffered an actual injury; 2) on the retaliation claim, precedent establishes that a correction officer's report, even if standing alone and disputed, suffices as "some evidence" on a disputed fact when deemed credible in an impartial hearing; 3) consequently, the disciplinary violations were sufficiently supported by some evidence.

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• RILEY, Circuit Judge., Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Donna R. Miller, argued, Des Moines, IA, Nicholas J. Mauro, on the brief, Des Moines, IA, for Appellant.


• For Appellees:
  
• Kristin W. Ensign, Assistant Attorney General, argued, Des Moines, IA, for Appellee.