Maben v. Thelen

Inmate at St. Louis, Mich. prison is disciplined for creating a disturbance after he received only a half portion of food at mealtime; the discipline is upheld after a hearing. Inmate: I created no disturbance; a guard was retaliating against me; the hearing officer didn’t review video of the incident; I am still getting half portions of food. District court: Can’t sue. A hearing officer’s finding of misconduct automatically “checkmates” all First Amendment retaliation claims. Sixth Circuit: This circuit hasn’t adopted the “checkmate doctrine,” and we now reject that doctrine. The inmate can sue.

Tags: 2018, First Amendment, Retaliation, Sixth Circuit

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