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01-1559 Higgs v. Carver

By: dmc-admin//April 8, 2002//

01-1559 Higgs v. Carver

By: dmc-admin//April 8, 2002//

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“[W]e cannot determine from the record whether Higgs was placed in lockdown segregation for preventive purposes or as punishment. The statement of the jail authorities that we quoted is the only evidence, apart from the unexplained length of his detention; there is no evidence on why 34 days rather than 24 or 44. And the statement is ambiguous; its wording is equally consistent with a punitive purpose and with a preventive purpose. The case must be remanded for further proceedings on this question.

“And on another as well, the plaintiff’s claim that he has been a victim of retaliation. In his amended complaint, Higgs charged that after bringing this suit he was again placed in lockdown segregation, for 11 days, to ‘punish’ him for filing the suit. … Higgs specified both the suit and the act of retaliation (namely placing him in lockdown segregation for 11 days), and this specification was enough to enable the defendants to file an answer. See, e.g., Johnson v. Stovall, 233 F.3d 486, 489 (7th Cir. 2000). The dismissal for failure to state a claim was therefore premature.”

Affirmed in part, vacated in part, and remanded.

Appeal from the United States District Court for the Southern District of Indiana, Hamilton, J., Posner, J.

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