context: As previously discussed, Orwat has succeeded in establishing for summary judgment purposes only an Eighth Amendment violation against Padula. His claims against the remaining Defendants under the MCRA fail because Orwat has not established that those Defendants deprived him of any rights.
citation_a.signal: see
citation_a.identifier: 774 N.E.2d 150, 156
citation_a.parenthetical: MCRA claim fails where inmate fails to establish constitutional violation
citation_a.sentence: See, e.g., Columbus v. Biggio, 76 F.Supp.2d 43, 54 (D.Mass.1999); Jiles v. Dep’t of Correction, 55 Mass.App.Ct. 658, 664, 774 N.E.2d 150, 156 (2002) (MCRA claim fails where inmate fails to establish constitutional violation).
citation_b.signal: cf.
citation_b.parenthetical: inmate held to have sufficiently alleged a claim for exercise of First Amendment rights as basis for MCRA claim
citation_b.sentence: Cf. Shabazz v. Cole, 69 F.Supp.2d 177, 202 (D.Mass., 1999) (inmate’s MCRA claim actionable where inmate had sufficiently alleged a First Amendment violation when he claimed that defendant filed false disciplinary report in retaliation for inmate’s filing grievance); Murphy v. Cruz, 52 Mass.App.Ct. 314, 753 N.E.2d 150 (2001) (inmate held to have sufficiently alleged a claim for exercise of First Amendment rights as basis for MCRA claim).