Zimmerman v. Bornick

Dist. Ct. did not err in dismissing plaintiff-prisoner’s complaint alleging that defendant prison correctional guard violated his First Amendment rights by retaliating against him for filing grievances against defendant for alleged misconduct. Plaintiff’s complaint contained only threadbare allegations and did not clarify what speech caused defendant to allegedly retaliate against plaintiff. However, Dist. Ct. erred in failing to give plaintiff opportunity to file amended complaint, where: (1) case law states that Dist. Ct. should deny leave to amend only if it is certain that any amendment would be futile; and (2) record did not indicate that defects in plaintiff’s complaint could not be cured.