Donald L. Dixon v. Larry Brown, Co I

FAGG, Circuit Judge.

In this 42 U.S.C. § 1983 action, Missouri inmate Donald L. Dixon asserts correctional officer Larry Brown violated Dixon’s First Amendment right of petition by bringing a false disciplinary charge against Dixon in retaliation for Dixon’s use of prison grievance procedures. The district court granted Brown summary judgment because the prison disciplinary committee dismissed the charge and Dixon was not punished. The district court believed Dixon could not establish his retaliation claim without showing an independent injury. We disagree and reverse.

In Sprouse v. Babcock,…