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HOEVER v. MARKS

No. 17-10792.

993 F.3d 1353 (2021)

Conraad L. HOEVER, Plaintiff-Appellee-Cross Appellant, v. R. MARKS, Correctional Officer, et al., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Eleventh Circuit.

April 9, 2021.

Attorney(s) appearing for the Case

Alan F. Pryor , Phil Sandick , Andrew Jacob Tuck , Alston & Bird, LLP, Atlanta, GA, Megha Ram , Roderick & Solange MacArthur Justice Center, Washington, DC, David Michael Shapiro , Roderick & Solange MacArthur Justice Center, Northwestern University School of Law, Chicago, IL, for Plaintiff-Appellee-Cross Appellant.

Amit Agarwal , Pam Bondi , Marcus Owen Graper , William Warren Gwaltney , James Hamilton Percival, II , Office of the Attorney General, Tallahassee, FL, Christopher John Baum , Deputy Solicitor General, Attorney General's Office, Miami, FL, for Defendants-Appellants-Cross Appellees.

NEWSOM, Circuit Judge, filed a separate opinion concurring in the judgment in part and dissenting in part, in which BRANCH, Circuit Judge, joined, and LUCK, Circuit Judge, joined in Parts I and III.

In 2013, Conraad Hoever was incarcerated at the Franklin Correctional Institution (FCI) in Carrabelle, Florida. According to Mr. Hoever's complaint, correctional officers there subjected him to harassment and threats of physical violence in retaliation for his filing grievances about his mistreatment...

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