Summary
holding that cell searches and resulting confiscation of property satisfy adverse action element when motivated by retaliatory means
Summary of this case from Nichols v. PhillipsOpinion
Civil Action No. 1:15-cv-313 (BJR)
03-02-2017
DAVID V. JORDAN , Plaintiff, v. UNIT MANAGER BERTOLINI, et al. Defendants.
ORDER ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having considered the Report and Recommendation of Magistrate Judge Susan Paradise Baxter, and the balance of record, HEREBY ORDERS:
(1) The Court ADOPTS the Report and Recommendation.
(2) Defendants' Motion to Dismiss is DENIED.
(3) The Clerk shall send copies of this Order to the parties.
IT IS SO ORDERED.
DATED this 2nd day of March, 2017.
/s/_________
BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE