Henderson v. Wilcoxen

Dist. Ct. erred in dismissing section 1983 action by plaintiff-civilly detained individual under Sexually Violent Persons Commitment Act, where plaintiff alleged that defendants-prison officials fired him from his job in prison’s dietary services dept. in retaliation for having previously filed lawsuit against members of prison’s staff. While Dist. Ct., in screening plaintiff’s action pursuant to 28 USC section 1915(e)(2), found that said action failed to state viable claim, Dist. Ct. did so only after conducting private telephone call with plaintiff without recording said call so as to allow Ct. of Appeals ability to review said telephone call to determine whether Dist. Ct. had properly asked questions to clarify essence of plaintiff’s complaint or whether Dist. Ct. had improperly elicited from plaintiff responses that would enable Dist. Ct. to resolve what would otherwise be contestable factual issues.