Thaddeus-X and Earnest Bell, Jr. v. Blatter
- Decided
- March 8, 1999
- Docket
- 95-1837
- Status
- Published
- Jurisdiction
- Federal
Cited 2,642 timesOverruled on other grounds (verified)Overruled on other grounds (verified) · Howell v. Gonzalez
What later courts said
- holding that genuine issues of material fact precluded summary judgment on a retaliation claim involving a prisoner’s right of access to the courts — Cleveland Brown v. Michael J. Crowley (2003)
- holding that a qualified-immunity defense is deemed waived if it is “not presented to this court in the initial briefs on appeal” — Totman v. Louisville Jefferson County Metro Government (2010)
- holding that, to be actionable, retaliation against a prisoner must be likely to "chill a person of ordinary firmness from continuing to engage" in activity protected by the First Amendment — Ronald Davidson v. Melvin L. Chestnut (1999)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
PER CURIAM.
The en banc court is divided in this case, but not equally. Eight members of the court favor a decision to affirm in part, vacate in part, and remand in accordance with the opinion written by Judge Moore. There are three separate opinions concurring in part and dissenting in part from Judge Moore’s opinion, which the eight other members of the court join in varying combinations.[1]
Judge Kennedy (joined by Judges Boggs, Suhrheinrich, and Batchelder) dissents from Part III.A.4. of Judge Moore’s opinion, insofar as it concludes that defendants Graham, Bildner, and Blatter are potentially liable to plaintiffs. Judge Kennedy’s opinion accepts defendant Karazim as potentially liable to Thaddeus-X. The rest of the court accepts the potential lia [*383] bility of not only Karazim but also of the three other defendants.
Statutes cited
Cite this
Thaddeus-X and Earnest Bell, Jr. v. Blatter, 175 F.3d 378 (1999)Read the full opinion
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