Tighe v. Wall

                      United States Court of Appeals,

                               Fifth Circuit.

                               No. 96-30285.

                   Thomas TIGHE, Plaintiff-Appellant,

                                       v.

    Richard A. WALL, Warden;         John McGovern;          Capt. Bordelon,
Defendants-Appellees.

                               Nov. 27, 1996.

Appeal from the United States District Court for the Western
District of Louisiana.

Before GARWOOD, DAVIS and STEWART, Circuit Judges.

     PER CURIAM:

     The    sole   issue   presented    in      this     appeal   is    whether   the

district court erred in dismissing Thomas Tighe's § 1983 claim

alleging    that   prison    officials          retaliated    against      him    for

exercising his First Amendment right to provide legal assistance to

his fellow inmates.        Because we conclude that the district court

properly    granted    defendants'     motion      for    summary      judgment   and

dismissed Tighe's § 1983 claim, we affirm.

                                       I.

     In October 1992, Thomas Tighe, then a state prisoner at

Avoyelles    Correctional     Center       in    Cottonport,      Louisiana,      was

assigned to the position of "inmate counsel substitute."                           In

February 1993, he was removed from that position for what officials

called "unsatisfactory job performance";                  the Avoyelles' warden

later filed an affidavit in connection with this case asserting

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that he believed Tighe had improperly called the family of an

inmate about allegations of physical abuse within the prison.

Tighe denied making such a call and asserted that another inmate

counsel was responsible.      In March 1993, Tighe was transferred to

Phelps    Correctional   Center    in   DeQuincy,   Louisiana,    to    finish

serving his state sentence.        He is currently serving his federal

prison sentence in Florence, Colorado.

                                     II.

         "To state a claim of retaliation an inmate must allege the

violation of a specific constitutional right and be prepared to

establish that but for the retaliatory motive the complained of

incident ... would not have occurred."          Woods v. Smith, 60 F.3d

1161, 1166 (5th Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct.

800, 133 L.Ed.2d 747 (1996). Such motivation may be established by

alleging " "a chronology of events from which retaliation may

plausibly be inferred.' "          Id. (citation omitted).         Thus, to

survive summary judgment, Tighe must allege a violation of a

constitutional right and demonstrate a retaliatory motive.                    He

argues that his First Amendment right of free speech includes the

right to give legal assistance to fellow inmates and that he was

removed from his job as inmate counsel and later transferred to

another prison in retaliation for exercising this right.

         A prisoner has no constitutionally protected interest in a

particular    facility   or   a   specific   work   assignment.        Olim   v.


                                        2
Wakinekona, 461 U.S. 238, 244-45, 103 S.Ct. 1741, 1745, 75 L.Ed.2d

813 (1983);   Bulger v. United States Bureau of Prisons, 65 F.3d 48,

49 (5th Cir.1995).    The right to act as inmate counsel in a certain

facility is no exception to that general rule.              As the Eighth

Circuit explained:

       It is well established that inmates have a constitutional
       right of access to the court. This right entitles inmates to
       receive legal assistance from fellow inmates unless prison
       officials provide reasonable alternative assistance. In the
       absence of reasonable assistance, "[j]ailhouse lawyers have
       standing to challenge official action that prevents them from
       assisting other prisoners." There is, however, no right to be
       or to receive legal assistance from a jailhouse lawyer
       independent of the right of access to the court. Accordingly,
       the transfer of a prisoner for "writ-writing" does not in and
       of itself constitute the violation of a protected right.

Gassler v. Rayl, 862 F.2d 706, 707-08 (8th Cir.1988) (citations

omitted);     see also Gibbs v. Hopkins, 10 F.3d 373, 378 (6th

Cir.1993);    Williams v. Nix, 1 F.3d 712, 716 (8th Cir.1993);        Smith

v. Maschner, 899 F.2d 940, 950 (10th Cir.1990).1            Tighe has not

argued that he or his fellow inmates have been denied access to the

courts; instead, he argues that inmates were deprived of his legal

assistance.    Prisoners have no right to a particular prisoner's

help   in   legal   matters   as   long   as   the   putative   recipient's

constitutional right of access to the courts is not infringed.

       1
      A few courts have held that inmates have a First Amendment
right to provide legal assistance to fellow inmates. Newsom v.
Norris, 888 F.2d 371, 375-77 (6th Cir.1989); Rizzo v. Dawson, 778
F.2d 527, 532 (9th Cir.1985); Baker v. Zlochowon, 741 F.Supp. 436
(S.D.N.Y.1990);    Wiideman v. Angelone, 848 F.Supp. 136, 139
(D.Nev.1994).   This Court does not find the reasoning of those
decisions persuasive.

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Smith, 899 F.2d at 950, see also Lewis v. Casey, --- U.S. ----, 116

S.Ct. 2174, 135 L.Ed.2d 606 (1996).          Because he has failed to

demonstrate   a   violation   of   a    constitutional   right,   Tighe's

retaliation claim fails.

                                   III.

     Accordingly, we affirm the district court's dismissal of

Tighe's § 1983 claim.

     AFFIRMED.




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