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Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case

Loaded on Feb. 15, 2010 published in Prison Legal News February, 2010, page 46
Filed under: Guard Misconduct, Retaliation for Filing Grievances, Exposure to Cold, PLRA, Physical Injury Rule. Location: Texas.
The Fifth Circuit Court of Appeals held that a district court had erred when it dismissed a prisoner’s retaliation-based civil rights suit as de minimis when the prisoner’s alleged injury was exposure to freezing cold for four-and-a-half hours on four consecutive nights.

Juarez Miguel Bibbs, a Texas state prisoner, filed ...

 

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