Ward v. Dyke

231 Citing cases

  1. Nolen v. Luoma

    Case No. 2:06-cv-125 (W.D. Mich. Feb. 11, 2008)   Cited 2 times
    Lying about interviewing a prisoner on grievance responses fails to constitute an adverse action for purposes of a retaliation claim

    Plaintiff cannot show that his transfer from one administrative segregation unit to another was an adverse action taken against him for filing grievances. As the Sixth Circuit explained in Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995): Prisoners do not have a constitutional right to be incarcerated in any particular institution.

  2. Henderson v. Mills

    No. W2005-01040-COA-R3-CV (Tenn. Ct. App. Sep. 1, 2005)   Cited 1 times

    In any event, a prison may transfer an inmate simply to give the prison staff a respite from the prisoner's grievance filings. Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995). Such an inmate's subsequent allegation of retaliation fails to state a claim for relief, because a transfer from the general population of one prison to another does not constitute a retaliatory "adverse action," as it would not deter a person o[f] ordinary firmness from the exercise of his First Amendment rights.

  3. King v. Zamiara

    680 F.3d 686 (6th Cir. 2012)   Cited 294 times
    Finding that plaintiff's participation in the Warden's Forum was a protected activity

    But when that happens, the prison is not restricted from taking any action against the prisoner to minimize the disruption, it just must not take an adverse action against the prisoner. Ward v. Dyke, 58 F.3d 271, 274 (6th Cir.) (holding no constitutional violation for taking action against prisoner whose numerous grievances were disruptive because chosen action did not deter him from exercising his rights), cert. denied,516 U.S. 991, 116 S.Ct. 524, 133 L.Ed.2d 431 (1995). “Prison officials are clearly free to punish inmate conduct that threatens the orderly administration of the prison.

  4. Hudson v. Wade

    CASE NO. 5:09-CV-14109 (E.D. Mich. Aug. 30, 2012)

    Doc. Ent. 49-3 ¶ 6. Then, citing Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995), defendant points to Nobles's affidavit, wherein he refers to the September 22, 2008 electronic mail (Doc. Ent. 35-2 at 4) and attests that he "authorized the plaintiff's transfer to ARF on October 3, 2008 due to security concerns after receiving information that indicated that the plaintiff was one of the organizers of a possible planned passive protest."

  5. Baker v. Mackie

    Case No. 2:10-cv-285 (W.D. Mich. Dec. 7, 2010)   Cited 1 times

    To the extent that Plaintiff alleges that Defendants Mackie and Cushman retaliated against him by transferring him to another prison, he fails to demonstrate that the conduct was sufficiently adverse to state a claim. As the Sixth Circuit explained in Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995): Prisoners do not have a constitutional right to be incarcerated in any particular institution.

  6. CRUMP v. JANZ

    Case No. 1:10-cv-583 (W.D. Mich. Jul. 19, 2010)   Cited 29 times
    Holding complaint failed to plead an Eighth Amendment violation where inmate asserted "lack of deodorant, toothbrushes, toothpaste, postage, typing and carbon paper, and legal envelopes for 35 days"

    Plaintiff, however, cannot show that his transfer to the Upper Peninsula was an adverse action taken against him for filing grievances. As the Sixth Circuit explained in Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995): Prisoners do not have a constitutional right to be incarcerated in any particular institution.

  7. Tate v. Howes

    Case No. 1:09-cv-307 (W.D. Mich. May. 13, 2009)   Cited 3 times

    See Smith v. Campbell, 250 F.3d 1032, 1037 (6th Cir. 2001); Noble v. Schmitt, 87 F.3d 157, 162 (6th Cir. 1996). Plaintiff, however, cannot show that his transfers from LCF to RMI and from RMI to LRF were adverse actions taken against him because he filed a grievance or grievances. As the Sixth Circuit explained in Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995): Prisoners do not have a constitutional right to be incarcerated in any particular institution.

  8. Catanzaro v. Michigan Department of Corrections

    Case No. 1:09-cv-2 (W.D. Mich. Mar. 12, 2009)

    Bell v. Johnson, 308 F.3d 594, 607 (6th Cir. 2002). Although Plaintiff has alleged that he engaged in protected conduct, he cannot show that his transfer to OTF was an adverse action taken against him for filing grievances and lawsuits against some Defendants. As the Sixth Circuit explained in Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995): Prisoners do not have a constitutional right to be incarcerated in any particular institution.

  9. Riley v. Fritz

    Case No. 1:08-cv-828 (W.D. Mich. Feb. 13, 2009)   Cited 2 times

    Plaintiff, however, cannot satisfy the second requirement because his transfer to KTF did not constitute adverse action. As the Sixth Circuit explained in Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995): Prisoners do not have a constitutional right to be incarcerated in any particular institution.

  10. Portis v. Caruso

    Case No. 1:07-cv-970 (W.D. Mich. Nov. 19, 2007)   Cited 1 times

    Plaintiff, however, cannot meet the second prong of the Thaddeus-X test. As the Sixth Circuit explained in Ward v. Dyke, 58 F.3d 271 (6th Cir. 1995): Prisoners do not have a constitutional right to be incarcerated in any particular institution.