Dist. Ct. did not err in granting defendant-prison official's motion for summary judgment in plaintiff-prisoner's section 1983 action, alleging that defendant violated his First Amendment rights by refusing to restore certain prison benefits in retaliation for plaintiff successfully appealing imposition of prison sanction. While plaintiff had engaged in protected activity when he filed grievance to appeal said sanction, and plaintiff had established causal connection between his grievance and his alleged deprivations, plaintiff failed to show that said deprivations, i.e., failure to return him to his former cell, failure to reinstate him to his former job, and failure to pay $11.48 in back pay, would likely deter "person of ordinary firmness" from continuing to engage in protected activity. Moreover, record showed that: (1) plaintiff was returned to cell on same cell block as former cell; (2) plaintiff was placed in job that had similar pay as former job; and (3) plaintiff actually received his back pay.
Federal 7th Circuit Court
Civil Court
Prisoners