DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131635P.pdf 07/29/2015 James Solomon v. Deputy U.S. Marshal Thomas
U.S. Court of Appeals Case No: 13-1635
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
Prisoner case - Prisoner Civil Rights. For the court's prior opinion in
the matter, see Solomon v. Petray, 699 F.3d 1034 (8th Cir. 2012).
Defendants were not entitled to summary judgment based on qualified
immunity on plaintiff's claim that they arranged for local jail officials
to beat him in retaliation for a letter he wrote the district judge who
had sentenced him, as plaintiff alleged he had engaged in protected
expression, had suffered an adverse action and had pleaded sufficient
facts that would allow a reasonable jury to find a causal connection
between the expression and the adverse action; his claims against a Deputy
Marshal for striking him similarly alleged retaliation for a protected
activity and the Deputy Marshal was not entitled to qualified immunity on
that claim; defendant Jones was not entitled to qualified immunity on
plaintiff's conspiracy claim as there was evidence to support a jury's
reasonable inference that Jones entered into an agreement with local jail
authorities to deprive plaintiff of his constitutional right to be free
from excessive force.