Antoine v. Ramos

497 F. App'x 631
Court of Appeals for the Seventh Circuit·Decided December 5, 2012·No. No. 11-1807·Published·Cited by 95 cases

Opinion

ORDER

Nathan Antoine, a prisoner at Menard Correctional Center in Illinois, filed a civil-rights action under 42 U.S.C. § 1983 naming 20 prison employees as defendants. From the 75-page complaint and its 207 pages of exhibits, the district judge gleaned four distinct claims against unrelated defendants, including one asserting that guards Robert Robertson, Clifford Bradley, Charles McDaniel, and Anthony Ramos violated the First Amendment by retaliating against Antoine for filing grievances. The district court allowed only that claim against those four defendants to proceed past screening, see 28 U.S.C. § 1915A, and later granted summary judgment for the defendants. Antoine challenges that ruling. We conclude that a jury reasonably could find that Robertson fabricated a disciplinary report to retaliate against Antoine for filing grievances, and thus we vacate the judgment in part and remand for further proceedings but only against that defendant.

Antoine filed numerous grievances between March and September 2005 con[633] cerning sanitary conditions at Menard. Discovery focused the litigation on two acts of suspected retaliation for those grievances: a shakedown of Antoine’s cell conducted by Robertson and Bradley, allegedly on orders from McDaniel and Ramos, and a disciplinary ticket that Robertson supposedly fabricated.

One of Antoine’s grievances was submitted on September 4 and received by a correctional counselor on September 6. A notation written on the grievance by the counselor before she answered it on September 9 memorializes that she had discussed it with Antoine’s eellhouse “supervisors” (which, Antoine assumes, meant McDaniels and Ramos). The notation is not dated, but Robertson and Bradley conducted the shakedown on September 7 and found among Antoine’s property a sewing needle and legal papers belonging to other inmates. Robertson gave Antoine a disciplinary ticket for possessing these contraband items, and Antoine later admitted the infractions and was penalized with 60 days in segregation. Robertson also issued a second disciplinary ticket on September 8, this time accusing Antoine of engaging in “intimidation and threats” by threatening to sue him. Antoine disputed this charge but was found guilty of the lesser infraction of “insolence” and punished with 30 more days in segregation. During discovery Antoine conceded his possession of the contraband needle and papers, but he claimed that the shakedown had been conducted in retaliation for his grievances. On the other hand, Antoine insisted that Robertson’s accusation that he had threatened a lawsuit was false.

At summary judgment the defendants argued that Antoine had not produced evidence showing anything more than temporal proximity between his grievances and the “retaliatory” shakedown and disciplinary ticket. Those actions could not be deemed retaliatory, the defendants contended, because they had denied knowing about Antoine’s grievances. Moreover, the defendants continued, they had a legitimate reason to search Antoine’s cell: His cellmate had told them about the contraband. In opposition Antoine countered that, after the shakedown, Robertson had said, “I finally got your grievance filing ass.” This statement, according to Antoine, proves that his grievances motivated the shakedown. What’s more, Antoine argued, the falsity of the September 8 disciplinary ticket evidences a retaliatory motive.

In granting summary judgment, the district judge accepted that a jury could find from the evidence, viewed in the light most favorable to Antoine, that the grievances were known to McDaniel, Ramos, and Robertson (but not Bradley). The court also acknowledged, in addressing the shakedown, that a jury could infer from its close proximity to the September 4 grievance that Robertson had desired to retaliate. Yet the court reasoned that the tip from Antoine’s cellmate had given the defendants a legitimate, non-retaliatory reason for the shakedown, and thus Antoine could not rest his retaliation claim on that adverse action. And neither could Antoine base a retaliation claim on the allegedly fabricated disciplinary ticket, the court reasoned, because Edwards v. Balisok, 520 U.S. 641, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997), and Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), would preclude that theory.

To establish a prima facie case of retaliation, an inmate must produce evidence that (1) he engaged in constitutionally protected speech, (2) he suffered a deprivation likely to deter protected speech; and (3) his protected speech was a motivating factor in the defendants’ actions. See Kidwell v. Eisenhauer, 679 F.3d 957, 965 (7th [634] Cir.2012) (clarifying allocation of evidentia-ry burdens at summary judgment in light of Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009)); Greene v. Doruff, 660 F.3d 975, 977 (7th Cir.2011) (same). If the inmate satisfies these elements, the burden shifts to the defendants to rebut the causal inference with evidence showing that they would have taken the same action even without any retaliatory motive. See Kidwell, 679 F.3d at 965; Greene, 660 F.3d at 979.

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Antoine v. Ramos, 497 F. App'x 631 (7th Cir. 2012).

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