1st Amendment – 8th Amendment – Qualified Immunity

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7th Circuit Court of Appeals

Case Name: Brian Herron v. Douglas Meyer

Case No.: 15-1659

Officials: BAUER, EASTERBROOK, and HAMILTON, Circuit Judges.

Focus: 1^st Amendment – 8^th Amendment – Qualified Immunity

Judgment dismissing Disabled prisoner suit alleging prison guard intentionally placed him in a cell with an individual that would cause him harm allegations and that guard violated 8^th amendment rights is vacated.

“If Meyer set out to punish Herron for his grievances, then a price has been attached to speech. The district court thought otherwise in part because Herron had not attached his grievances to the complaint, but that was not necessary; a complaint narrates a claim and need not supply the proof. That comes later. Pratt v. Tarr, 464 F.3d 730, 732–33 (7th Cir. 2006). And if, as we doubt, an amendment to the complaint was required, the district court should have allowed it rather than dismissing the claim. See, e.g., Runnion v. Girl Scouts of Greater Chicago, 786 F.3d 510, 519–23 (7th Cir. 2015).”

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.