Ponchik v. Bogan

HEANEY, Senior Circuit Judge.

Thomas Ponchik, a federal inmate, appeals from the district court’s order dismissing several defendants and granting summary judgment to the remaining defendants in Ponchik’s Bivens-type action. Ponchik’s main argument for reversal is that he was entitled to a trial on his claim that he was transferred from the Federal Medical Center (FMC) in Rochester, Minnesota in retaliation for the exercise of his first amendment rights. We affirm.

A prisoner may not be transferred in retaliation for the exercise of a constitutional right. Murphy v. Missouri Dep’t of…