Chris Cowans v. Morgan Warren Fred Johnson Allen Luebbers George Brown Don Roper William Major Larry Youngman, 150 F.3d 910 (8th Cir. 1998). · Go Syfert
Chris Cowans v. Morgan Warren Fred Johnson Allen Luebbers George Brown Don Roper William Major Larry Youngman, 150 F.3d 910 (8th Cir. 1998). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, last quoted 2002 · 2 courts · …where an inmate has violated an actual prison rule, no retaliation claim can be stated. ✓
38 citation events (38 in the last 25 years) across 12 distinct courts.
Strongest positive: Matthew I. Williams v. Reno County Correctional Facility, et al. (ksd, 2025-11-13)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (rule) Matthew I. Williams v. Reno County Correctional Facility, et al.
D. Kan. · 2025 · confidence medium
See Kervin v. Barnes, 787 F.3d 833, 835 (7th Cir. 2015) (concluding that “backtalk by prison inmates to guards, like other speech that violates prison discipline, is not constitutionally protected”); Lockett v. Suardini, 526 F.3d 866, 874 (6th Cir. 2008) (holding that prisoner's characterization of hearing officer as “a foul and corrupted bitch” violated prison regulation prohibiting insolent behavior and wasn't protected by the First Amendment); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998) (concluding that prisoner disciplined for “using abusive and insulting language” in v…
discussed Cited as authority (rule) Lewis v. Johnson County Adult Detention Center
D. Kan. · 2022 · confidence medium
See Kervin v. Barnes, 787 F.3d 833, 835 (7th Cir.2015) (concluding that “backtalk by prison inmates to guards, like other speech that violates prison discipline, is not constitutionally protected”); Lockett v. Suardini, 526 F.3d 866, 874 (6th Cir.2008) (holding that prisoner’s characterization of hearing officer as “a foul and corrupted bitch” violated prison regulation prohibiting insolent behavior and wasn’t protected by the First Amendment); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (concluding that prisoner disciplined for “using abusive and insulting language” in …
discussed Cited as authority (rule) Joshua Robinson v. Palco (2×) also: Cited "see"
3rd Cir. · 2022 · confidence medium
See Shaw v. Murphy, 532 U.S. 223, 229 (2001); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998).
discussed Cited as authority (rule) Lewis v. Johnson County Adult Detention Center
D. Kan. · 2022 · confidence medium
See Kervin v. Barnes, 787 F.3d 833, 835 (7th Cir.2015) (concluding that “backtalk by prison inmates to guards, like other speech that violates prison discipline, is not constitutionally protected”); Lockett v. Suardini, 526 F.3d 866, 874 (6th Cir.2008) (holding that prisoner’s characterization of hearing officer as “a foul and corrupted bitch” violated prison regulation prohibiting insolent behavior and wasn’t protected by the First Amendment); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (concluding that prisoner disciplined for “using abusive and insulting language” in …
discussed Cited as authority (rule) Crawford v. Grote
D. Kan. · 2022 · confidence medium
See Kervin v. Barnes, 787 F.3d 833, 835 (7th Cir.2015) (concluding that “backtalk by prison inmates to guards, like other speech that violates prison discipline, is not constitutionally protected”); Lockett v. Suardini, 526 F.3d 866, 874 (6th Cir.2008) (holding that prisoner’s characterization of hearing officer as “a foul and corrupted bitch” violated prison regulation prohibiting insolent behavior and wasn’t protected by the First Amendment); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (concluding that prisoner disciplined for “using abusive and insulting language” in …
discussed Cited as authority (rule) Whitten v. Johnson
W.D. Va. · 2021 · confidence medium
District courts in the Fourth Circuit have generally followed the rule of the Eighth Circuit that “[a]n inmate may not state a claim of retaliation where the ‘discipline was imparted for acts that a prisoner was not entitled to perform,’ and which were unrelated to the inmate’s grievance or lawsuit.” Baker, 2020 WL 6703436 , at *5 (citing Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998)).
cited Cited as authority (rule) Baker v. Clarke
W.D. Va. · 2020 · confidence medium
Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998) (citation omitted).
cited Cited as authority (rule) Jones v. Gentle
W.D. Ark. · 2019 · confidence medium
Hartsfield v. Nichols, 511 F.3d 826, 829 (8th Cir. 2008); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998).
discussed Cited as authority (rule) Stephen Cavanaugh v. Hall Cnty. Dept. of Correction
8th Cir. · 2016 · confidence medium
Paul, 665 F.3d 997, 1007-08 (8th Cir. 2012) (discussing liability based on official’s policymaking authority); Cowans v. Warren, 150 F.3d 910, 911-12 (8th Cir. 1998) (per curiam) (inmate may not state claim of retaliation where discipline was imparted for acts that prisoner was not entitled to perform).
discussed Cited as authority (rule) Stephen Cavanaugh v. Hall Cnty. Dept. of Correction
8th Cir. · 2016 · confidence medium
Paul, 665 F.3d 997, 1007-08 (8th Cir. 2012) (discussing liability based on official’s poli-cymaking authority); Cowans v. Warren, 150 F.3d 910, 911-12 (8th Cir. 1998) (per curiam) (inmate may not state claim of retaliation where discipline was imparted for acts that prisoner was not entitled to perform).
discussed Cited as authority (rule) Turner v. Falk
10th Cir. · 2015 · confidence medium
See Kervin v. Barnes, 787 F.3d 833, 835 (7th Cir.2015) (concluding that “backtalk by prison inmates to guards, like other speech that violates prison discipline, is not constitutionally protected”); Lockett v. Suardini, 526 F.3d 866, 874 (6th Cir.2008) (holding that prisoner’s characterization of hearing officer as “a foul and corrupted bitch” violated prison regulation prohibiting insolent behavior and wasn’t protected by the First Amendment); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (concluding that prisoner disciplined for “using abusive and insulting language” in …
discussed Cited as authority (rule) Alan Onstad v. Ray Hobbs
8th Cir. · 2015 · confidence medium
See Hartsfield v. Nichols, 511 F.3d 826, 829 (8th Cir.2008) (defendant may successfully defend retaliatory-discipline claim by showing “some evidence” inmate actually committed rule violation; report from correctional officer, even if disputed by inmate and supported by no other evidence, suffices as “some evidence” if found by impartial decision-maker); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (per curiam) (where inmate has violated actual prison rule, no retaliation claim can be stated).
discussed Cited as authority (rule) King v. Dingle
D. Minnesota · 2010 · confidence medium
It is well-established that “[t]he filing of a prison grievance, like the filing of an inmate lawsuit, is protected First Amendment activity.” Lewis v. Jacks, 486 F.3d 1025, 1029 (8th Cir.2007), citing Dixon v. Brown, 38 F.3d 379, 379 (8th Cir.1994); Norman v. Schuetzle, supra at 1117; Cowans v. Warren, 150 F.3d 910, 911 (8th Cir.1998); see also, Sprouse v. Babcock, 870 F.2d 450, 452 (8th Cir.1989).
discussed Cited as authority (rule) Haynes v. Stephenson
8th Cir. · 2009 · confidence medium
We need not determine whether these sanctions constitute discipline because we have held that “the filing of a disciplinary charge ... is actionable under section 1983 if done in retaliation for [the inmate’s] having filed a grievance pursuant to established procedures.” Sprouse v. Babcock, 870 F.2d 450, 452 (8th Cir.1989) (emphasis added); see also Bandy-Bey v. Crist, 578 F.3d 763, 766 (8th Cir.2009) (per curiam); Moore v. Plaster, 266 F.3d 928 , 931 (8th Cir.2001); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (per curiam).
discussed Cited as authority (rule) Walter Haynes v. Patrick L. Stephenson
8th Cir. · 2009 · confidence medium
We need not determine whether these sanctions constitute discipline because we have held that “the filing of a disciplinary charge . . . is actionable under section 1983 if done in retaliation for [the inmate’s] having filed a grievance pursuant to established procedures.” Sprouse v. Babcock, 870 F.2d 450, 452 (8th Cir. 1989) (emphasis added); see also Bandy-Bey v. Crist, 578 F.3d 763, 766 (8th Cir. 2009) (per curiam); Moore v. Plaster, 266 F.3d 928 , 931 (8th Cir. 2001); Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998) (per curiam).
discussed Cited as authority (rule) Burke v. North Dakota Department of Correction & Rehabilitation
D.N.D. · 2009 · confidence medium
“The filing of a prison grievance, like the filing of an inmate lawsuit, is protected First Amendment activity.” Lewis v. Jacks, 486 F.3d 1025, 1029 (8th Cir.2007). “‘Prison officials cannot properly bring a disciplinary action against a prisoner for filing a grievance that is determined by those officials to be without merit anymore than they can properly bring a disciplinary action against a prisoner for filing a lawsuit that is judicially determined to be without merit.’ ” Cowans v. Warren, 150 F.3d 910, 911 (8th Cir.1998) (quoting Sprouse v. Babcock, 870 F.2d 450, 452 (8th Cir.…
discussed Cited as authority (rule) Tafari v. Fische
N.Y. App. Div. · 2009 · confidence medium
As pertinent here, 7 NYCRR 701.6 (b) reads that “[n]o reprisals of any kind shall be taken against an inmate or employee for good faith utilization of [the] grievance procedure” and “[a] grievant shall not receive a misbehavior report based solely upon an allegedly false statement made by the inmate to the grievance committee.” However, in our opinion, the protection against reprisal af forded a grievant does not allow the grievant to engage in conduct that would be punishable outside of the grievance procedure (see generally Hale v Scott, 371 F3d 917, 919 [7th Cir 2004]; Cowans v Warr…
cited Cited as authority (rule) Hale, Gregory v. Scott, Augustus
7th Cir. · 2004 · confidence medium
Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998); Leonard v. Nix, supra, 55 F.3d at 375 ; Hadden v. Howard, supra, 713 F.2d at 1005-07 ; cf. Smith v. Campbell, 250 F.3d 1032, 1037 (6th Cir. 2001).
cited Cited as authority (rule) Gregory Hale v. Augustus Scott, Jr.
7th Cir. · 2004 · confidence medium
Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998); Leonard v. Nix, supra, 55 F.3d at 375 ; Hadden v. Howard, supra, 713 F.2d at 1005-07 ; cf. Smith v. Campbell, 250 F.3d 1032, 1037 (6th Cir.2001).
discussed Cited as authority (rule) Cleveland Brown v. Michael J. Crowley (2×)
6th Cir. · 2003 · confidence medium
Though it might well be necessary to Brown’s claim of retaliation that he secure the administrative reversal of the misconduct charge, see, e.g., Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998); Jackson-El v. Winsor, 986 F.Supp. 440, 444-46 (E.D.Mich.1997), aff'd, 201 F.3d 440 (6th Cir.1999), this alone is not sufficient to raise a triable issue of fact as to Defendants’ motives for issuing the charge.
discussed Cited as authority (rule) Williams v. Manternach
N.D. Iowa · 2002 · confidence medium
Moore, 266 F.3d at 931; Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (where a prisoner alleges that disciplinary action taken against him for conduct unrelated to his grievance was nonetheless tak *988 en in retaliation for filing the grievance, the prisoner “may not state a claim of retaliation where the ‘discipline [was] imparted for acts that a prisoner was not entitled to perform’ ”) (quoting Orebaugh v. Caspari, 910 F.2d 526, 528 (8th Cir.1990) (per curiam)).
discussed Cited as authority (rule) Wasim Aziz v. Dora Schriro
8th Cir. · 2001 · confidence medium
After de novo review, see Moore v. Sims, 200 F.3d 1170 , 1171 (8th Cir.2000) (per curiam), we agree with the district court that Aziz failed to state a section 1983 claim based on disciplinary action, see Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (per curiam) (where inmate breaks prison rule by using abusive and insulting language that is unnecessary to advance his grievance, discipline for use of offensive language does not raise claim of retaliation or other constitutional violation).
cited Cited "see" Israel Torres v. T.P. Clark
3rd Cir. · 2013 · signal: see · confidence high
See Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998); Ustrak v. Fairman, 781 F.2d 573, 580 (7th Cir.1986).
discussed Cited "see" Ricky Tatum v. Adrian Wallace
8th Cir. · 2010 · signal: see · confidence high
See Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (per curiam) (inmate does not state retaliation claim where discipline was imposed for actual violation of prison rules); Hartsfield v. Nichols, 511 F.3d 826, 829, 831 (8th Cir.2008) (defendant may successfully defend retaliatory-discipline claim by showing “some evidence” that inmate actually committed rule violation; report from correctional officer, even if disputed by inmate and supported by no other evidence, legally suffices as some evidence upon which to base prison disciplinary violation if violation is found by impartial decis…
cited Cited "see" Corliss v. Varner
3rd Cir. · 2007 · signal: see · confidence high
See Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998); Ustrak v. Fairman, 781 F.2d 573, 580 (7th Cir.1986).
discussed Cited "see" Moore v. Sam Plaster
8th Cir. · 2001 · signal: see · confidence high
See Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998) (plaintiff's complaint containing abusive language was "some evidence" of a violation of a rule against using abusive language); Earnest v. Courtney, 64 F.3d 365, 367 (8th Cir. 1995) (per curiam) (officer's affidavit, disciplinary report, and reliable confidential informants were "some evidence" of a rule violation); Henderson, 29 F.3d at 469 (prison officer's undisputed first-hand account of inmate's misconduct was "some evidence" of a violation); Orebaugh v. Caspari, 910 F.2d 526 (8th Cir. 1990) (plaintiff's admission to committing the …
discussed Cited "see" Edward Allen Moore v. Sam Plaster
8th Cir. · 2001 · signal: see · confidence high
See Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (plaintiffs complaint containing abusive language was “some evidence” of a violation of a rule against using abusive language); Earnest v. Courtney, 64 F.3d 365, 367 (8th Cir.1995) (per curiam) (officer’s affidavit, disciplinary report, and reliable confidential informants were “some evidence” of a rule violation); Henderson, 29 F.3d at 469 (prison officer’s undisputed first-hand account of inmate’s misconduct was “some evidence” of a violation); Orebaugh v. Caspars 910 F.2d 526 (8th Cir.1990) (plaintiffs admission to com…
cited Cited "see" William R. Cody v. Douglas Weber
8th Cir. · 2001 · signal: see · confidence high
See Cowans v. Warren, 150 F.3d 910, 912 (8th Cir.1998) (inmate who violated prison rule cannot state retaliation claim for discipline imposed).
discussed Cited "see" Cody v. Weber
8th Cir. · 2001 · signal: see · confidence high
See Cowans v. Warren, 150 F.3d 910, 912 (8th Cir. 1998) (inmate who violated prison rule cannot state retaliation claim for discipline imposed). 23 We disagree with the district court's conclusion that there is no genuine issue of material fact concerning Cody's claims of retaliation.
cited Cited "see, e.g." Mauderer v. Black
N.D. Iowa · 2023 · signal: see, e.g. · confidence medium
See e.g., Cowans v. Warren, 150 F.3d 910, 911 (8th Cir. 1998).
Retrieving the full opinion text from the archive…
Chris COWANS, Appellant,
v.
Morgan WARREN; Fred Johnson; Allen Luebbers; George Brown; Don Roper; William Major; Larry Youngman, Appellees
96-4032.
Court of Appeals for the Eighth Circuit.
Jul 30, 1998.
150 F.3d 910
1998 U.S. App. LEXIS 17221
1998 WL 427331
Chris Cowans, pro se., Gretchen E. Rowan, Assistant Attorney General, St. Louis, Missouri, argued (Jeremiah W. (Jay) Nixon, on the brief), for Appel-lee.
Memillian, Beam, Arnold.
Cited by 31 opinions  |  Published
[*911] PER CURIAM.

Chris Cowans appeals from the final order of the United States District Court [1] for the Eastern District of Missouri granting summary judgment to several defendants and dismissing without prejudice other claims in this 42 U.S.C. § 1983 action. For the reasons discussed below, we affirm the judgment of the district court.

After Cowans was found guilty of a conduct violation, he filed an inmate Informal Resolution Request (IRR) further challenging the charge and accusing correctional officers Morgan Warren and George Brown of directing racial slurs at him. In the IRR he also described them as “racist,” “supremacist,” and “dogs.” Brown and Warren each issued Cowans a conduct violation for insulting behavior and false information, based on the derogatory language in the IRR. Following hearings on both violations, Cowans was found guilty of violating Rule # 21 — insulting behavior, and was sentenced to ten days in disciplinary segregation on one of the violations. He received a ten-day suspended sentence on the other. When Cowans filed a second IRR complaining that Warren and Brown were retaliating against him and again calling them racists and “dogs who bark up the wrong tree,” Warren issued Co-wans another conduct violation for insulting behavior and false information. Cowans was again found guilty of engaging in insulting behavior and received another ten-day suspended sentence. Warden Don Roper dismissed and expunged one of the disciplinary sanctions as a result of a grievance settlement.

In a second amended complaint, with the assistance of appointed counsel, Cowans claimed that Warren, Brown, and several other prison officials — who investigated the conduct violations and participated in the disciplinary proceedings that followed — retaliated against him in violation of his First Amendment rights. He also claimed defendants violated his Eighth and Fourteenth Amendment rights..

The district court granted defendants’ motion for summary judgment concluding that Cowans’s retaliation claims failed because he was disciplined for actual violations of institutional rules prohibiting insulting behavior [2] and there was some evidence to support the violations. To the extent Cowans also alleged a separate and distinct claim that his First Amendment right to petition the government for redress of grievances was “chilled” by defendants’ actions, the district court concluded defendants were entitled to qualified immunity. The district court found it reasonable for defendants to rely on our decision in Orebaugh v. Caspari, 910 F.2d 526, 528 (8th Cir.1990) (per curiam) (no retaliation claim can be stated when alleged retaliation arises from actual violation of regulations), and the law was not clearly established in 1993 (if it ever was) that disciplining an inmate for an actual rule violation could run afoul of constitutional requirements. The district court dismissed without prejudice Cowans’s Eighth and Fourteenth Amendment claim, concluding he did not assert sufficient facts to state a claim.

Regarding the retaliation claim, we have held that the filing of a false disciplinary charge against an inmate is actionable under § 1983 if done in retaliation for the inmate’s filing of a grievance. See Sprouse v. Babcock, 870 F.2d 450, 452 (8th Cir.1989). The inmate in Sprouse was disciplined for making a false statement in a grievance. Id. at 451. We stated that “[pjrison officials cannot properly bring a disciplinary action against a prisoner for filing a grievance that is determined by those officials to be without merit anymore than they can properly bring a disciplinary action against a prisoner for filing a lawsuit that is judicially determined to be without merit.” Id. at 452. This correct statement of the law is inapplicable in this case.

After Sprouse, we decided Orebaugh, a ease in which an inmate alleged that disciplinary action taken against him for conduct[*912] unrelated to his grievance was nonetheless taken in retaliation for filing the grievance. 910 F.2d at 527. In affirming the dismissal of Orebaugh’s § 1983 action, we reaffirmed our holding in Sprouse, but concluded that an inmate may not state a claim of retaliation where the “discipline [was] imparted for acts that a prisoner was not entitled to perform.” Id. at 528. Decisions since Orebaugh have relied, on this principle in concluding that where an inmate has violated an actual prison rule, no retaliation claim can be stated. See, e.g., Earnest v. Courtney, 64 F.3d 365, 366-67 (8th Cir.1995) (per curiam) (assignment to utility squad for gambling not retaliatory); Henderson v. Baird, 29 F.3d 464, 465, 469 (8th Cir.1994) (assault charge not in retaliation for reporting harassment to FBI); Goff v. Burton, 7 F.3d 734, 738 (8th Cir.1993) (alleged retaliatory transfer). In none of these cases was the conduct which formed the basis for the alleged retaliatory action related to the original grievance. We again reaffirmed Sprouse in Dixon v. Brown, 38 F.3d 379, 379-80 (8th Cir.1994), holding that proof of an independent injury is not required where an inmate proves that a false disciplinary charge was filed against him in retaliation for filing a grievance.

We conclude that the facts here are partially analogous to Sprouse, as they involve disciplinary actions taken for conduct directly related to the filing of a prisoner grievance. However, that is not the factual distinction of importance. In this case, as in Orebaugh, we do not deal with “false disciplinary reports” by prison officials, id. at 528, but, rather, accurate claims by Warren and Brown that Cowans was guilty of violation of Rule # 21 for using abusive and insulting lánguage, language not necessary for the advancement of Cowans’s underlying IRR’s. In such circumstances Cowans does not state a claim for retaliation, and, thus, there is ho constitutional violation alleged. Cowans’s other claims are, likewise, without merit.

Accordingly, we affirm.

1

. The Honorable Edward L. Filippine, United States District Judge for the Eastern District of Missouri.

2

. Institutional Rule #21 prohibits "[u]sing abusive or obscene language ... or making a written or verbal statement which annoys, offends, or intimidates.”