Ogurek v. Gabor

Dist. Ct. erred in granting defendant-prison investigator’s motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendant violated plaintiff’s First Amendment rights by issuing plaintiff false disciplinary infraction about prison fight in retaliation for plaintiff having complained to warden about defendant’s lack of investigation into matters raised by plaintiff. Plaintiff’s administrative appeal on disciplinary infraction issued by defendant resulted in infraction being expunged, and record showed that Dist. Ct. had granted instant motion for summary prior to time that defendant had produced video of prison fight that would have been dispositive piece of evidence in instant retaliation action. As such, Dist. Ct. could not base instant grant of summary judgment on plaintiff’s failure to produce any evidence indicating that defendant’s issuance of disciplinary infraction was without factual support.