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KOTLER v. JUBERT

Nos. 16-4191 August Term, 2020 17-1755.

986 F.3d 147 (2021)

Kerry KOTLER, Plaintiff-Appellant, v. L. JUBERT, Deputy Superintendent of Security, W. Dann, Correction Sergeant, Darwin Daily, Corrections Officer, David Charland, Corrections Officer, Defendants-Appellees, John Donelli, Superintendent, Bare Hill Correctional Facility, Linda Turner, Deputy Superintendent of Programs, Thomas Eagen, Director, Inmate Grievance Programs, Donald Selsky, Director, Special Housing/inmate Discipline, Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 19, 2021.

Attorney(s) appearing for the Case

Tor Tarantola and Jordan Alston-Harmon , Yale Law School Appellate Litigation Project ( Alexis Zhang , Yale Law School Appellate Litigation Project, Tadhg Dooley and Benjamin M. Daniels , Wiggin & Dana LLP, on the brief), New Haven, CT, for Plaintiff-Appellant.

Jonathan D. Hitsous , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, and Jeffrey W. Lang , Deputy Solicitor General, on the brief), for Letitia James , Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: Pooler, Lohier, and Nardini, Circuit Judges.

Plaintiff-Appellant Kerry Kotler, a former inmate at the Bare Hill Correctional Facility in Malone, New York, sued prison officials on the theory that they planted a weapon in his housing area in retaliation for his outspoken activity on an inmate grievance committee. He also alleged that the officials violated...

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