(Download) "Crawford-El v. Britton" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Crawford-El v. Britton
- Author : United States Supreme Court
- Release Date : January 04, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
Petitioner is a litigious and outspoken prisoner in the District of Columbias correctional system. Because of overcrowding at the Districts prison, he was transferred, first to Washington State, then to facilities in several other locations, and ultimately to Florida. His belongings were transferred separately. When the Districts Department of Corrections received his belongings from Washington State, respondent, a District correctional officer, had petitioners brother-in-law pick them up, rather than shipping them directly to petitioners next destination. Petitioner did not recover the belongings until several months after he reached Florida. He filed suit under 42 U. S. C. Section 1983, alleging, inter alia, that respondents diversion of his property was motivated by an intent to retaliate against him for exercising his First Amendment rights. The District Court dismissed the complaint. In remanding, the en banc Court of Appeals concluded, among other things, that in an unconstitutional-motive case, a plaintiff must establish motive by clear and convincing evidence, and that the reasoning in Harlow v. Fitzgerald, 457 U. S. 800, requires special procedures to protect defendants from the costs of litigation.
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