Judge Michael Telesca
State inmate Smolen was involved in setting up "The Innocent Prisoner" web site. Based on the site defendant Corcoran filed misbehavior reports charging Smolen's violation of rules against improper solicitation of funds and violating state prison system correspondence procedures. After a disciplinary hearing, Dixon found Smolen guilty of both charges and recommended loss of 16 months' good time credit. He also imposed a six-month loss of correspondence privileges with Smolen's niece and web designer instrumental in the site's creation, and a 10-day loss of recreation. Dixon's decision was affirmed, and Smolen's appeal denied. In his 42 USC §1983 action district court permitted only Smolen's First Amendment retaliation claim to proceed. After the filing of dispositive motions the court summarily dismissed Smolen's complaint. Smolen's First Amendment retaliation claim was effectively barred by the Supreme Court's rulings in Edwards v. Balisok and Heck v. Humphrey because a finding in Smolen's favor would imply that the misbehavior report and subsequent punishment stemmed from improper motives and were thus unconstitutional, thereby implicitly invalidating Dixon's findings of guilt and Smolen's resulting loss of good time credits.
