Mosholder v. Barnhardt, No. 10-2586 (6th Cir. May 11, 2012) (for publication).
Panel of Judges Cole, Stranch, and Carr (N.D. Ohio).
Plaintiff-appellant appealed grant of summary judgment on her First Amendment retaliation claim. The plaintiff had been a corrections officer for MDOC at the Lapeer Thumb Correctional Facility. She was the institution's school officer, so she would patrol the school and discipline inmates as needed.
The facility held a rap musical competition for youthful offenders in 2008. The plaintiff claimed she heard gang references and saw gang signs during the competition. The defendant wardens claimed they saw nothing of the sort.
The plaintiff sent a letter to several Michigan state representatives and senators, expressing concern over the way the rap competition was conducted. She also cited safety concerns at the facility and listed incidents.
The plaintiff was reassigned to a less favorable position in the facility. She sued in state ct and the case was removed to federal ct. The plaintiff brought a First Amendment retaliation claim. The COA reversed the dist ct's grant of summary judgment for the defendant-appellees and remanded.
The case is interesting b/c it provides a little look into MDOC concerns, programs at MDOC facilities, and treatment of youthful offenders. The events took place a few years ago, so things may have changed, but the descriptions provide a look at a state correctional facility.
Click here for the case.
