Schroeder

Defendants-appellants appeal the district court’s denial in part of their motion for summary judgment. Plaintiff-appellee brought suit under 42 U.S.C. § 1983 . The district court found that defendants-appellants were not entitled to qualified immunity with regard to five of plaintiff-appellee’s eleven causes of action. We have jurisdictiqn pursuant to 28 U.S.C. § 1291 . Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817-18 , 86 L.Ed.2d 411 (1985). We find defendants-appellants are not entitled to qualified immunity on two causes of action. We affirm in part and reverse in part.

1. FACTS AND PRIOR PROCEEDINGS

Plaintiff-appellee, Eric Schroeder, is a state prisoner serving a twenty-year sentence for first-degree robbery and kidnapping. Schroeder filed a pro se, in forma pauperis complaint in district court, alleging eleven causes of action. He is suing state prison officials under § 1983, contending that his First, Eighth and Fourteenth Amendment rights were violated. Defendants-appellants each played some role in transferring Schroeder from a minimum security facility back to the medium security facility where he was originally assigned and had begun serving his…