Carlton Walker v. Richard Senecal, Brian Benware

Albany, New York civil rights lawyers represented the Plaintiff who state officials and

prison officers under 42 U.S.C. § 1983 for violations of his constitutional rights to freedom of speech, due process, and the equal protection of the laws.

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Kent Morlan, Esq.

Defendants' motion for summary judgment granted.



The Court of Appeals fined that Walker identified a genuine dispute of material fact as to whether an officer’s destruction of a draft amended complaint, the officer’s threat of retaliation if Walker were to file a grievance about the destruction, and a physical assault by other officers who repeated the threat—

taken together—amount to an adverse action that was causally related to his protected speech and therefore violated his right to freedom of speech. We vacate the judgment of the district court with respect to that claim and remand for further proceedings. We affirm the judgment in all other respects.