Charles J. Oltarzewski, Jr. v. Marcia Ruggiero

Oltarzewski, an Arizona state prisoner, appeals the district court’s grant of summary judgment in favor of Ruggiero, the correctional programs supervisor at the Southern Arizona Corrections Release Center (SACRC).

Oltarzewski brought the underlying action pursuant to 42 U.S.C. § 1983 , alleging that Ruggiero retaliated against his plan for a class action suit by transferring him to a higher custody status. Oltarzewski further alleged that Ruggiero used excessively vulgar language, that Ruggiero had correctional officers fabricate charges against him, and that Ruggiero demonstrated great bias in her acts towards him. Oltarzewski also claimed that Ruggiero violated prison policy and deprived him of access to the courts and access to a law library.

FACTS

Oltarzewski was transferred to the SACRC on April 9,1986, pending his scheduled release from prison on June 24, 1986. According to Oltarzewski, shortly after his arrival he was told by his correctional counselor that Ruggiero would transfer Oltarzewski to a higher custody status unit if Oltarzewski tried to go to the law library. Oltarzewski claims that Ruggiero later told him that if he had any plans on filing a class action…