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CASE ENTRY

Demarco v. Davis

Texas inmate threatens guard, has his stuff taken away, gets put in solitary. Or maybe—as inmate alleges—guard was lying, retaliating against inmate. Inmate brings a hodgepodge of claims (to get out of solitary, over loss of his stuff, and more). Fifth Circuit: Almost none of which can go forward. But if the guard really took away the inmate’s Bible (and books by mega-pastors like Joel Osteen), there needed to be a valid reason. The inmate’s First Amendment claim should not have been dismissed.


Tags: 2019, Fifth Circuit, First Amendment, Retaliation

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