Filed: Mar. 19, 2019
Latest Update: Mar. 03, 2020
Summary: 17-3317-pr Jackson v. Conway UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER").
Summary: 17-3317-pr Jackson v. Conway UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). ..
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17‐3317‐pr
Jackson v. Conway
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE
OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A
SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE
FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ).
A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED
BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in
the City of New York, on the 19th day of March, two thousand nineteen.
PRESENT: RICHARD C. WESLEY,
DENNY CHIN,
RICHARD J. SULLIVAN,
Circuit Judges.
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JOSEPH JACKSON,
Plaintiff‐Appellant,
v. 17‐3317‐pr
CHRISTOPHER MONIN, Correction Officer
ERIC WAGNER, Correction Officer,
Defendants‐Appellees,
JAMES T. CONWAY, Superintendent,
MARK BRADT, Superintendent, D. OʹCONNELL,
Sergeant, KACZMAREK, Lieutenant,
D. SEKUTERSKI, Correction Officer,
J. KOZAKIEWIEZ, Correction Officer, PAM
KOROZKO, Civilian, M. JANES, Inmate
Grievance Program Supervisor, K. BELLAMY,
Inmate Grievance Program Director,
A. PRACK, Special Housing Unit Director
W. MURRAY, Lieutenant, W. M. GONZALEZ,
Deputy Counsel,
Defendants.*
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FOR PLAINTIFF‐APPELLANT: Joseph Jackson, pro se, Malone, New
York.
FOR DEFENDANTS‐APPELLEES: Andrea Oser, Deputy Solicitor General,
Patrick A. Woods, Assistant Solicitor
General, for Letitia James, Attorney
General of the State of New York,
Albany, New York.
Appeal from a judgment of the United States District Court for the
Western District of New York (Vilardo, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Plaintiff‐appellant Joseph Jackson, proceeding pro se, sued correction
officers and prison officials under 42 U.S.C. § 1983, alleging injuries sustained while he
was incarcerated at Attica Correctional Facility. Most of Jacksonʹs claims were
dismissed on motion, and a single retaliation claim against two correction officers
proceeded to trial, at which Jackson was represented by counsel. Jackson alleged that
* The Clerk of Court is directed to amend the official caption to conform to the above.
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the two officers, Christopher Monin and Eric Wagner, violated his civil rights by
threatening and assaulting him in retaliation for having filed grievances against
Sergeant Daniel OʹConnell. Following a two‐day bench trial, the district court credited
the defendantsʹ version of the facts and found in their favor. On appeal, Jackson
argues that the district court erred by crediting the defendantsʹ testimony over his own.
We assume the partiesʹ familiarity with the underlying facts, the procedural history of
the case, and the issues on appeal.
We review a district courtʹs findings of fact after a bench trial for clear
error. See Principal Natʹl Life Ins. Co. v. Coassin, 884 F.3d 130, 134 (2d Cir. 2018). To
prove a First Amendment retaliation claim under § 1983, a prisoner must show that the
speech or conduct at issue was protected, the defendant took adverse action against
him, and there existed a causal connection between the protected speech and the
adverse action. See Espinal v. Goord, 558 F.3d 119, 128 (2d Cir. 2009). Here, it is
undisputed that Jackson engaged in protected conduct. See Dkt. No. 107, at 107‐08; see
also Colon v. Coughlin, 58 F.3d 865, 872 (2d Cir. 1995) (noting that retaliation by prison
officials against prisoners who redress grievances is prohibited). The parties sharply
disputed, however, whether defendants took adverse action against Jackson and
whether there was a causal connection between the protected activity and any adverse
action. While Jackson asserted that the defendants slapped him, threatened him, and
ripped his paperwork in retaliation for his complaints against OʹConnell, defendants
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denied doing so. In addition, defendants denied any knowledge of Jacksonʹs
complaints against OʹConnell, and they testified that therefore they could not have
retaliated against Jackson based on his protected activity. The district court considered
the partiesʹ evidence and credited defendantsʹ testimony. It did not clearly err in
doing so.
On appeal, we may not second guess the trial courtʹs credibility
assessments. See Principal Natʹl Life Ins. Co., 884 F.3d at 138. Given the conflicting
narratives presented at trial, Jacksonʹs retaliation claim turned largely on the relative
credibility of the parties. The record contains more than adequate evidence to support
the district courtʹs determinations. See Krist v. Kolombos Rest. Inc., 688 F.3d 89, 95 (2d
Cir. 2012) (ʺIt is within the province of the district court as the trier of fact to decide
whose testimony should be credited.ʺ). Thus, the district court did not err in finding
that Jackson had failed to meet his burden of proving retaliation by a preponderance of
the evidence.
We have considered all of Jacksonʹs remaining arguments and find them
to be without merit. For the foregoing reasons, the judgment of the district court is
AFFIRMED.
FOR THE COURT:
Catherine OʹHagan Wolfe, Clerk of Court
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