×
You have 2 more free articles available this month. Subscribe today.
Threats for Filing Suit Actionable
The plaintiff alleged that an officer repeatedly threatened him because he had brought a lawsuit against the officer's brother.
A claim for retaliation for a lawsuit need not meet the requirements for an access to courts claim.The alleged death threats are "malicious and sadistic" and therefore actionable. It is not clear whether the court so holds only in the context of a retaliation claim or more generally, contrary to the more usual holding that verbal abuse does not violate the Constitution. See: Wilson v. Silcox, 151 F.Supp.2d 1345 (N.D.Fla. 2001).
A claim for retaliation for a lawsuit need not meet the requirements for an access to courts claim.The alleged death threats are "malicious and sadistic" and therefore actionable. It is not clear whether the court so holds only in the context of a retaliation claim or more generally, contrary to the more usual holding that verbal abuse does not violate the Constitution. See: Wilson v. Silcox, 151 F.Supp.2d 1345 (N.D.Fla. 2001).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Wilson v. Silcox
| Year | 2001 |
|---|---|
| Cite | 151 F.Supp.2d 1345 (N.D.Fla. 2001) |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
JOSEPH "THUNDER QUILL" WILSON, Plaintiff, v. RICKY SILCOX, Defendant.
4:99cv344-WS
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, TALLAHASSEE DIVISION
151 F. Supp. 2d 1345; 2001 U.S. Dist. ; 14 Fla. L. Weekly Fed. D 289
March 7, 2001, Decided
March 7, 2001, Filed, Entered
PRIOR HISTORY: [*1] Wilson v. Silcox, 151 F. Supp. 2d 1345, 2001 U.S. Dist. (N.D. Fla. 2001)
DISPOSITION: Magistrate judge's report and recommendation ADOPTED and incorporated by reference into this order. Defendant's motion for summary judgment (doc. 20) DENIED.
COUNSEL: JASON WILSON, plaintiff, Pro se, JASPER, FL.
For RICKY SILCOX, defendant: CARYL SUE KILINSKI, ESQ, ATTORNEY GENERAL, STATE OF FLORIDA, TALLAHASSEE, FL.
JUDGES: WILLIAM STAFFORD, SENIOR UNITED STATES DISTRICT JUDGE.
OPINION BY: WILLIAM STAFFORD
OPINION:
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed February 9, 2001. See Doc. 54. The magistrate judge recommends that Defendant's motion for summary judgment be denied.
Upon review of the record, the court has determined that the report and recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation is ADOPTED and incorporated by reference into this order.
2. Defendant's motion for summary judgment (doc. 20) is DENIED.
3. The case shall be returned to the magistrate judge for further proceedings.
DONE AND ORDERED this 7th day of March, 2001.
WILLIAM STAFFORD
SENIOR [*2] UNITED STATES DISTRICT JUDGE
4:99cv344-WS
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, TALLAHASSEE DIVISION
151 F. Supp. 2d 1345; 2001 U.S. Dist. ; 14 Fla. L. Weekly Fed. D 289
March 7, 2001, Decided
March 7, 2001, Filed, Entered
PRIOR HISTORY: [*1] Wilson v. Silcox, 151 F. Supp. 2d 1345, 2001 U.S. Dist. (N.D. Fla. 2001)
DISPOSITION: Magistrate judge's report and recommendation ADOPTED and incorporated by reference into this order. Defendant's motion for summary judgment (doc. 20) DENIED.
COUNSEL: JASON WILSON, plaintiff, Pro se, JASPER, FL.
For RICKY SILCOX, defendant: CARYL SUE KILINSKI, ESQ, ATTORNEY GENERAL, STATE OF FLORIDA, TALLAHASSEE, FL.
JUDGES: WILLIAM STAFFORD, SENIOR UNITED STATES DISTRICT JUDGE.
OPINION BY: WILLIAM STAFFORD
OPINION:
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed February 9, 2001. See Doc. 54. The magistrate judge recommends that Defendant's motion for summary judgment be denied.
Upon review of the record, the court has determined that the report and recommendation should be adopted.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation is ADOPTED and incorporated by reference into this order.
2. Defendant's motion for summary judgment (doc. 20) is DENIED.
3. The case shall be returned to the magistrate judge for further proceedings.
DONE AND ORDERED this 7th day of March, 2001.
WILLIAM STAFFORD
SENIOR [*2] UNITED STATES DISTRICT JUDGE