Glenn C. Smith v. Florida Department of Corrections

Glenn Smith, a Florida state prisoner, appeals a summary judgment order in favor of the Florida Department of Corrections (“FDOC”). Smith brought a pro se 42 U.S.C. § 1983 civil rights action based on an alleged widespread practice and custom of the FDOC to transfer inmates in retaliation for exercising their First Amendment rights. On appeal, Smith argues that he was denied fair discovery, but even with limited discovery, he established questions of fact sufficient to survive summary judgment. After oral argument, reviewing the record, and for the reasons that follow, we vacate the summary…