A panel of judges on the U.S. Court of Appeals for the Eighth Circuit unanimously ruled to revive a First Amendment retaliation lawsuit brought by a client of WashULaw’s Appellate Clinic. The client alleged that prison officials retaliated against him, including by imposing discipline, because he exercised his First Amendment rights to file grievances and inform other inmates’ of their right to do the same. The district court entered summary judgment in favor of the prison officials, holding that the client’s discipline was justified before the client appealed.
The Eighth Circuit appointed WashULaw’s Appellate Clinic to represent the client on appeal. Clinic students Derek Froman, Alison McDonald, and Elizabeth Randall worked on the appellate strategy under Professor Steve Alagna’s supervision. In April, Derek Froman presented an oral argument before the Eighth Circuit in St. Louis.
In a published opinion issued on August 5, 2024, the Eighth Circuit panel unanimously agreed with the Clinic’s argument that the district court’s entry of summary judgment was improper. It revived the lawsuit and remanded the case to the district court, where the client will have a new opportunity to prove his claims and win relief. The case is captioned Lamar v. Payne, No. 22-2164.
Original source can be found here.