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| Judge Rules That Retaliation Lawsuit Against Department of Corrections Can Proceed |
| By aclu.org/ |
| Published: 03/19/2013 |
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RHODE ISLAND - A federal judge yesterday refused to dismiss an ACLU lawsuit brought on behalf of an ACI inmate who was retaliated against by guards after he publicly criticized Department of Corrections’ mail policies and sought legal assistance from the ACLU. The pattern of harassment against inmate Jason Cook, which included strip searches, loss of his prison job, destruction of his personal property, and disciplinary time in segregation, began after Cook was quoted in a Providence Journal story criticizing a DOC policy limiting the written materials available to inmates. The policy was later rescinded. The ACLU lawsuit argues that corrections officials’ actions “in retaliating against Cook for publicly criticizing policy changes” at the DOC violated his First Amendment right to freedom of speech “and displayed both deliberate indifference and a reckless disregard of Cook’s constitutional rights.” The suit further claims that the various disciplinary actions taken against him violated Cook’s due process rights. In court, the Department of Corrections made the troubling argument that Cook had no First Amendment right to speak to the Providence Journal about the policy and therefore his suit should be thrown out. Last September, a magistrate judge rejected DOC’s argument, but the agency appealed that ruling. Yesterday, U.S. District Court Judge William Smith agreed that the ACLU’s retaliation claims could proceed, and further ruled that Cook’s due process claims should also not be dismissed. Read More. |
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