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CASE ENTRY

Burns v. Martuscello

Allegation: Two guards at Coxsackie, N.Y. prison tell inmate that unless he lies about a minor accident (so as to falsely inculpate another guard), they’ll get him confined to his cell 23 hours a day. The inmate declines; he’s so confined for six months. Second Circuit: Refusing to snitch is protected First Amendment conduct. But this is the first time we’ve held as much, so qualified immunity for the two guards.


Tags: 2018, First Amendment, Qualified Immunity, Second Circuit

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