Rule Banning Litigation “Threats” May be Unconstitutional
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
The plaintiff lost good time for violating a rule that prohibited inmates from threatening employees with litigation during "confrontation situations." The panel opinion, 121 F.3d 222 (5th Cir. 1997), held that the claim concerning the disciplinary proceeding is barred by Preiser and Heck, but went on to strike down the rule on its face. The en banc court holds that this question is so intertwined with the plaintiff's request for retrospective relief that a favorable decision would necessarily imply the validity of the plaintiff's loss of good-time credits, would be binding on state courts in subsequent actions (which are permitted in Louisiana, n. 3), and is therefore barred by the rule of Edwards v. Balisok. See: Clarke v. Stalder, 154 F.3d 186 (5th Cir. 1998) (en banc).