Kervin v. Barnes

Dist. Ct. did not err in dismissing for failure to state viable claim plaintiff-prisoner’s section 1983 action alleging that defendants-prison officials violated his constitutional rights by placing him in segregation for 30 days for insisting on keeping his appointment with his lawyer and then rigging grievance system when he attempted to grieve his placement into segregation. Complaint clarified that basis for plaintiff’s punishment was fact that he “back talked” prison guards when complaining, which is not constitutionally protected speech. Moreover, plaintiff’s placement into segregation for 30 days without any further allegation of significant psychological or other injury was too trivial to constitute any deprivation of prisoner’s constitutionally protected liberty interests.