Dobbey v. Illinois Dept. of Corrections, No. 08-2828

In a prisoner civil rights action, district court judgment is affirmed in part where the court properly dismissed plaintiff's claim of having been subjected to a cruel and unusual punishment as the prison guard's actions could have not have reasonably be taken seriously as a threat. The dismissal of plaintiff's claim that his right of free speech was infringed is reversed and remanded where plaintiff's was not merely a personal gripe, and his punishment may have been in retaliation for uttering the grievance and thus an infringement of his freedom of speech. 

Read Dobbey v. Illinois Dept. of Corrections, No. 08-2828

Appellate Information
Appeal from the United States District Court for the Southern District of Illinois.
Argued June 9, 2009
Decided: July 28, 2009

Judges
Before BAUER, POSNER, and TINDER, Circuit Judges.
Opinion by POSNER, Circuit Judge.