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“Public Concern” Test Does Not Apply to Prisoner Retaliation Claims; Speech Must be Consistent with Status as a Prisoner

Loaded on Nov. 15, 2011 by Brandon Sample published in Prison Legal News November, 2011, page 40
Filed under: Retaliation, Retaliatory Transfers, Retaliatory Discipline. Location: Indiana.
The “public concern” test does not apply to prisoner claims of retaliation, the U.S. Court of Appeals for the Seventh Circuit held on March 31, 2010. Nonetheless, to be entitled to First Amendment protection, a prisoner’s speech must not be inconsistent with his or her status as a prisoner, the ...

 

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