Summary
vacating summary judgment as to retaliation claim because "[t]he defendants assertion that the same punishment could have been imposed . . . is insufficient. The defendants have produced no evidence (such as, for example, an affidavit from Lt. Shovah suggesting that he usually imposes the maximum sentence on inmates in possession of large volumes of contraband, or prison disciplinary statistics regarding average punishments for contraband violations) to suggest that that outcome would have occurred."
Summary of this case from Alston v. PafumiOpinion
No. 96-2991.
May 26, 1998.
Appeal from the N.D.N.Y.
Decision without published opinion. Affirmed in part, Vacated in part.