Dist. Ct. did not err in granting defendant-prison official’s motion to dismiss plaintiff-prisoner's section 1983 action, seeking monetary damages and alleging that defendant retaliated against him for filing grievance against defendant by placing him in cells with known violent prisoners. Dist. Ct., in construing plaintiff’s claim as First Amendment retaliation claim, properly found that, under Bivens doctrine, federal prisoners cannot recover monetary damages for violations of First Amendment rights. Moreover. Ct. of Appeals further found that plaintiff could not pursue Bivens claim for monetary damages for any Eighth Amendment claim against defendant for failure to protect him against acts of violence from his cell-mates arising out of defendant’s cell assignments. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Prisoners