Malone v. Roger, et al. (INMATE 1)

Filing 12

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/16/2014. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JOHN WILLIE MALONE, JR.,
#292690,

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Plaintiff,
v.
MR. ROGER and PATRICK
HAMPTON,
Defendants.

CIVIL ACTION NO.
2:14cv318-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate,
filed this lawsuit against the defendant correctional
officers alleging that they subjected him to verbal
harassment

and

threats,

as

well

as

retaliation

for

making a complaint about harassment. This lawsuit is
now

before

the

court

on

the

recommendation

of

the

United States Magistrate Judge that plaintiff’s case be
dismissed.

Also

before

the

court

objections to the recommendation.

are

plaintiff’s

After an independent

and de novo review of the record, the court concludes
that plaintiff’s objections should be overruled and the
magistrate judge’s recommendation adopted.
The court notes that, in addition to his claim of
harassment under the Eighth and Fourteenth Amendments,
plaintiff

appears

to

raise

a

First

Amendment

retaliation claim, for which he requests removal of a
disciplinary citation from his record and transfer to
another prison.

See Douglas v. Yates, 535 F.3d 1316,

1321 (11th Cir. 2008) (setting forth requirements for a
prisoner’s

First

However,

plaintiff

as

Amendment
lacks

retaliation
evidence

claim).

sufficient

to

prove that the citation he received was motivated by
retaliation, dismissal is appropriate.
An appropriate judgment will be entered.
DONE, this the 16th day of October, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE