Dist. Ct. did not err in granting defendants-prison officials’ motion for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that his cell was searched in violation of his First Amendment rights in retaliation for having lodged disagreement over prison procedure regarding pending grievances, as well as threat to file another grievance. Record showed that while plaintiff’s cell was searched nine minutes after telling one official that he might file another grievance due to disagreement regarding status of prior grievances filed by plaintiff, record failed to show that defendant-officer who actually conducted search of plaintiff’s cell had been aware of said conversation to support finding that search was in retaliation for plaintiff’s protected conduct in having lodged disagreement regarding status of his prior grievances. Moreover, officer, who had conducted search, based said search on contraband mentioned in disciplinary report filed two weeks prior to search.
Federal 7th Circuit Court
Civil Court
Prisoners