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Dixon v. Brown

United States Court of Appeals, Eighth Circuit
Oct 20, 1994
38 F.3d 379 (8th Cir. 1994)

Summary

holding that "filing of a disciplinary charge becomes actionable if done in retaliation for the inmate's filing of a grievance" and stating that such conduct "strikes at the heart of an inmate's constitutional right to seek redress of grievances"

Summary of this case from Booker v. S.C. Dep't of Corr.

Opinion

No. 93-3771.

Submitted September 16, 1994.

Decided October 20, 1994. Rehearing and Suggestion for Rehearing En Banc Denied November 29, 1994.

Donald L. Dixon, pro se.

Alana M. Barragan-Scott, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, John R. Munich and Alana M. Barragan-Scott, on the brief), for appellee.

Appeal from the United States District Court for the Western District of Missouri.

Before FAGG, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


In this 42 U.S.C. § 1983 action, Missouri inmate Donald L. Dixon asserts correctional officer Larry Brown violated Dixon's First Amendment right of petition by bringing a false disciplinary charge against Dixon in retaliation for Dixon's use of prison grievance procedures. The district court granted Brown summary judgment because the prison disciplinary committee dismissed the charge and Dixon was not punished. The district court believed Dixon could not establish his retaliation claim without showing an independent injury. We disagree and reverse.

In Sprouse v. Babcock, 870 F.2d 450 (8th Cir. 1989), we recognized the First Amendment right to petition for redress of grievances includes redress under established prison grievance procedures. Id. at 452. Although the filing of a false disciplinary charge is not itself actionable under § 1983, the filing of a disciplinary charge becomes actionable if done in retaliation for the inmate's filing of a grievance. Id.; see Franco v. Kelly, 854 F.2d 584, 589-90 (2d Cir. 1988). Having presented evidence that Brown's disciplinary charge was false and made in retaliation for Dixon's grievance against Brown, Dixon need not show a separate, independent injury as an element of his case. Because the retaliatory filing of a disciplinary charge strikes at the heart of an inmate's constitutional right to seek redress of grievances, the injury to this right inheres in the retaliatory conduct itself. See Sprouse, 870 F.2d at 452; cf. Hershberger v. Scaletta, 33 F.3d 955, 956 (8th Cir. 1994) (systemic denial of inmates' constitutional right of access to courts is "such a fundamental deprivation that it is an injury in itself'). In short, when retaliatory conduct is involved, there is no independent injury requirement.

We thus reverse and remand to the district court for further proceedings consistent with this opinion.


Summaries of

Dixon v. Brown

United States Court of Appeals, Eighth Circuit
Oct 20, 1994
38 F.3d 379 (8th Cir. 1994)

holding that "filing of a disciplinary charge becomes actionable if done in retaliation for the inmate's filing of a grievance" and stating that such conduct "strikes at the heart of an inmate's constitutional right to seek redress of grievances"

Summary of this case from Booker v. S.C. Dep't of Corr.

holding that the filing of a false disciplinary charge is not itself actionable under § 1983, but the filing of a disciplinary charge does become actionable if done in retaliation for the inmate's filing of a grievance

Summary of this case from Radford v. Golden

holding "[b]ecause the retaliatory filing of a disciplinary charge strikes at the heart of an inmate's constitutional right to seek redress of grievances, the injury to this right inheres in the retaliatory conduct itself."

Summary of this case from Scott v. Watson

holding "when retaliatory conduct is involved, there is no independent injury requirement."

Summary of this case from O'Neal v. Corizon Health, Inc.

holding that retaliating against prisoner for filing grievance is actionable

Summary of this case from Jones v. Greninger

finding that "[a]though the filing of a false disciplinary charge is not itself actionable under § 1983, the filing of a disciplinary charge becomes actionable if done in retaliation for the inmate's filing of a grievance."

Summary of this case from Osterback v. Kemp

recognizing that "the filing of a false disciplinary charge is not itself actionable under § 1983"

Summary of this case from Brown v. Wilson

filing disciplinary charge is actionable under § 1983 if done in retaliation for inmate filing grievance

Summary of this case from Davis v. Boylan

filing a false disciplinary does not give rise to an actionable claim under section 1983

Summary of this case from Henderson v. Straughn

filing a prison grievance is protected First Amendment activity

Summary of this case from Newton v. Mixon
Case details for

Dixon v. Brown

Case Details

Full title:DONALD L. DIXON, APPELLANT, v. LARRY BROWN, CO I, APPELLEE

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 20, 1994

Citations

38 F.3d 379 (8th Cir. 1994)

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