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RAUSER v. HORN

No. 99-4013.

241 F.3d 330 (2001)

Henry RAUSER, Appellant, v. Martin HORN, in his official capacity as Commissioner of the Pennsylvania Department of Corrections; William F. Ward, in his official capacity as Chairman of the Penna. Board of Parole.

United States Court of Appeals, Third Circuit.

Filed February 26, 2001.

Attorney(s) appearing for the Case

Jon Romberg, Esquire Seton Hall University School of Law 833 McCarter Highway Newark, N.J. 07102, Counsel for Appellant.

Calvin R. Koons, Esquire Office of Attorney General of Pennsylvania Strawberry Square, 15th Floor Harrisburg, PA 17120, Counsel for Appellees.

BEFORE: NYGAARD, ALITO, and ROSENN, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) January 23, 2001.

OPINION OF THE COURT

ROSENN, Circuit Judge.

In this appeal, we are called upon to announce the burden of proof that a prisoner must shoulder when he alleges that prison officials have retaliated against him for exercising his constitutional rights. The plaintiff, Henry Rauser, is an inmate serving his eighth year of a five to ten year sentence for a drug-related offense. He filed this suit...

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