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LUNA v. DAVIS

No. 21-50578.

59 F.4th 713 (2023)

Richard LUNA, Plaintiff-Appellant, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division; Felipe Gonzalez, Warden, Terrell Unit, Texas Department of Criminal Justice-Correctional Institutions Division; Bryan Collier, Executive Director, Texas Department of Criminal Justice; Ar'Lisa Simon-Hastings, Chief Classification, Terrell Unit, Texas Department of Criminal Justice-Correctional Institutions Division, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 6, 2023.

Attorney(s) appearing for the Case

Richard Luna, Rosharon, TX, Pro Se.

Abigail Carter , Marlayna Marie Ellis , Office of the Attorney General, Law Enforcement Defense Division, Austin, TX, for Defendants-Appellees.

Before Richman, Chief Judge, and King and Higginson, Circuit Judges.

Plaintiff-appellant Richard Luna appeals the entry of summary judgment dismissing his First and Eighth Amendment claims against defendant-appellee Ar'Lisa Simon-Hastings. We REVERSE in part, AFFIRM the district court's summary judgment dismissal of Luna's First Amendment retaliation claim, and REMAND for further proceedings.

I.

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