Kervin v. Barnes

Indiana inmate Kervin alleged, in a suit under 42 U.S.C. 1983, that prison officials violated his constitutional rights after he insisted on being allowed to see his lawyer, who had come to the prison to speak with him. The meeting did occur, delayed by a few minutes. He contends that a guard threatened to file a false complaint and that he was placed in segregation as punishment and denied due process of law when his attempts to seek redress through the prison’s grievance system for his wrongful punishment were thwarted by biased grievance officers. Kervin admits he was punished that for defying the guard’s order by asking to be let out of the day room to meet with his lawyer after being told that he could not leave the room just yet. The district judge dismissed on the pleadings, after screening the complaint under 28 U.S.C. 1915A. The Seventh Circuit affirmed: backtalk by prison inmates to guards, like other speech that violates prison discipline, is not constitutionally protected. Kervin did not allege that he suffered any significant psychological or other injury from segregation . View "Kervin v. Barnes" on Justia Law