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Robinson v. Boyd

United States Court of Appeals, Eleventh Circuit
Apr 25, 2008
276 F. App'x 909 (11th Cir. 2008)

Summary

concluding that a prisoner's “First Amendment retaliation” claim failed, because the prisoner was “not speaking on a matter of public concern,” so that “his speech is not entitled to First Amendment protection,” but also holding that the prisoner did not have a First Amendment right to argue with an officer who gave him a direct instruction and that the officer was constitutionally permitted to discipline the prisoner for disobeying his order

Summary of this case from Peters v. Woodbury Cnty.

Opinion

No. 06-15709.

April 25, 2008.

Ceistine M. Russell, Jacksonville, FL, for Plaintiff-Appellant.

Roy F. Blondeau, E. Bryan Wilson, Tallahassee, FL, for Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Florida. D.C. Docket No. 03-00025-CV-5-MP.

Before EDMONDSON, Chief Judge, BLACK and FARRIS, Circuit Judges.

Honorable Jerome Farris, United States Circuit Judge for the Ninth Circuit, sitting by designation.


Federal prisoner Terrence Robinson appeals the district court's grant of summary judgment in favor of Captain Robert Boyd on Robinson's First Amendment retaliation claim. For the reasons that follow, we affirm.

In the prison context, we analyze First Amendment retaliation claims under the three-part test set forth in Bennett v. Hendrix, 423 F.3d 1247, 1250 (11th Cir. 2005). To prevail, a plaintiff must establish: (1) his speech or act was constitutionally protected; (2) defendant's retaliatory conduct adversely affected the protected speech; and (3) there is a causal connection between the retaliatory action and the adverse effect on speech. Id.

Viewing the facts in the light most favorable to Robinson, we conclude he has not stated a First Amendment claim. While he clearly had a right to ask the correctional officer about wearing warm gear, Robinson was not speaking on a matter of public concern when he did so. Thus, his speech is not entitled to First Amendment protection. In addition, after Boyd gave Robinson a direct instruction, Robinson did not have a First Amendment right to argue with Boyd, who was at that point constitutionally permitted to discipline Robinson for disobeying his order.

AFFIRMED.


Summaries of

Robinson v. Boyd

United States Court of Appeals, Eleventh Circuit
Apr 25, 2008
276 F. App'x 909 (11th Cir. 2008)

concluding that a prisoner's “First Amendment retaliation” claim failed, because the prisoner was “not speaking on a matter of public concern,” so that “his speech is not entitled to First Amendment protection,” but also holding that the prisoner did not have a First Amendment right to argue with an officer who gave him a direct instruction and that the officer was constitutionally permitted to discipline the prisoner for disobeying his order

Summary of this case from Peters v. Woodbury Cnty.
Case details for

Robinson v. Boyd

Case Details

Full title:Terrence Paul ROBINSON, Plaintiff-Appellant, v. Robert G. BOYD…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Apr 25, 2008

Citations

276 F. App'x 909 (11th Cir. 2008)

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