Coleman v. Kent, et al.
6th Cir. No. 24-1737
Charlie Coleman, incarcerated at Marquette Branch Prison in Michigan, alleged that Correctional Officer Brandon Kent hurled racial slurs at him, injured his eye by throwing an object at him, and threatened him with violence after Mr. Coleman said he would file grievances against Kent. Proceeding pro se, Mr. Coleman brought First Amendment retaliation and equal-protection claims. On initial screening, the district court dismissed the complaint with prejudice, holding that Kent's threats did not qualify as an adverse action and that Mr. Coleman had failed to identify comparators for his discrimination claim.
Rights Behind Bars represented Mr. Coleman on appeal. The Sixth Circuit reversed, holding that Kent's repeated slurs, combined with physical harm and a direct threat of further violence, sufficiently alleged an adverse action, and that Mr. Coleman did not need to plead comparators because he alleged direct evidence of discriminatory motive. The court also reaffirmed that pro se prisoners should not have their claims dismissed with prejudice, and without leave to amend, where those claims are not patently frivolous. The case returns to the district court to proceed on both claims.
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