Hudspeth v Figgins - threat of retaliation actionable - regardless of the success of the threat

Hudspeth v. Figgins, 584 F.2d 1345 (4th Cir. 1978). Stating

Once judicial proceedings have been commenced, the state may not punish a prisoner for having sought judicial remedies. Russell v. Oliver, 552 F.2d 115, 116 (4th Cir. 1977); Haymes v. Montanye, 547 F.2d 188(2d Cir. 1976).

A threat of physical harm to a prisoner if he persists in his pursuit of judicial relief is as impermissible as a more direct means of restricting the right of access to the courts. Nor is it necessary that the prisoner succumb entirely or even partially to the threat. It is enough that the threat was intended to impose a limitation upon the prisoner's right of access to the court and was reasonably calculated to have that effect. See Lingo v. Boone, 402 F.Supp. 768, 775 (N.D.Cal.1975).