Edgar Diaz v. Tyrone Baker, et al.

Summary

The court conducted a merit review under 28 U.S.C. § 1915A of Edgar Diaz’s prisoner civil-rights complaint. It allowed First Amendment retaliation claims against Cox, Swing, and Little and a Fourteenth Amendment procedural due process claim against Phillips, Stuart, and Range, while dismissing claims against Baker, Garza, and Nurse and unrelated claims arising from Pontiac Correctional Center. The court granted Diaz’s motion for status and directed service on the remaining defendants.

Holdings

1. Plaintiff stated a First Amendment retaliation claim against Cox, Swing, and Little in their individual capacities.
2. Plaintiff stated a Fourteenth Amendment procedural due process claim against Phillips, Stuart, and Range in their individual capacities.
3. Plaintiff failed to state a claim against Baker or Garza based on the allegations presented.
4. Plaintiff could not proceed in this action on claims arising from Pontiac Correctional Center that were unrelated to the claims otherwise stated against the named defendants.

Questions Presented

1. Whether Plaintiff plausibly stated a First Amendment retaliation claim against Cox, Swing, and Little.
2. Whether Plaintiff plausibly stated a Fourteenth Amendment procedural due process claim against Phillips, Stuart, and Range.
3. Whether Plaintiff stated a claim against Garza or Baker based on the alleged grievance-related conduct and lack of personal involvement.
4. Whether claims arising from Pontiac Correctional Center were improperly joined with the other claims.

Disposition

other