context: No doubt 'the rumor was scandalous, but the defendants do not argue that the plaintiff could not have reported Officer Drone's sexual misconduct if he had evidence that it was true. Sexual misconduct by a prison employee on the job would be a serious infraction and, the court presumes, an infraction reportable by inmates in a grievance. Like the insolence issue, the court has found no Seventh Circuit case discussing discipline for false accusations in a grievance, but a few courts outside this Circuit have upheld such discipline, though their analyses and conclusions differ.
citation_a.signal: see
citation_a.identifier: 933 F.Supp. 1449, 1490
citation_a.parenthetical: proof by preponderance of evidence that grievance statements knowingly false required to impose discipline
citation_a.sentence: See Hancock v. Thalacker, 933 F.Supp. 1449, 1490 (N.D.Iowa, 1996)(proof by preponderance of evidence that grievance statements knowingly false required to impose discipline); Curry v. Hall, 839 F.Supp. 1437, 1440 (D.Or.1993)(no First Amendment right implicated by discipline for false statements in grievances; actual malice standard does not apply); see also Wolfel v. Bates, 707 F.2d 932, 934 (6th Cir.1983)(invalidating punishment for false statements in petition, but only on grounds that the officials had not found that statements false or maliciously communicated).
citation_b.signal: see also
citation_b.identifier: 707 F.2d 932, 934
citation_b.parenthetical: invalidating punishment for false statements in petition, but only on grounds that the officials had not found that statements false or maliciously communicated
citation_b.sentence: See Hancock v. Thalacker, 933 F.Supp. 1449, 1490 (N.D.Iowa, 1996)(proof by preponderance of evidence that grievance statements knowingly false required to impose discipline); Curry v. Hall, 839 F.Supp. 1437, 1440 (D.Or.1993)(no First Amendment right implicated by discipline for false statements in grievances; actual malice standard does not apply); see also Wolfel v. Bates, 707 F.2d 932, 934 (6th Cir.1983)(invalidating punishment for false statements in petition, but only on grounds that the officials had not found that statements false or maliciously communicated).