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Bivens v. Trent

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ARGUED SEPTEMBER 17, 2009

Before POSNER, MANION, and EVANS, Circuit Judges.

Jimmy Bivens, an officer in the Illinois State Police (“ISP”), discovered that he had elevated levels of lead in his blood due to lead contamination at the indoor firing range where he was stationed. He complained to his superiors, both directly and through a union grievance, about the safety of the working conditions. The firing range was immediately analyzed and closed for environmental remediation. After he was denied workers’ compensation benefits, Bivens sued his supervisors in the ISP, Larry Trent, Jay Keevan, Diane Rotter, Mark Beagles, and Roger Hayes, under 42 U.S.C. § 1983, claiming that they retaliated against him in violation of the First Amendment because he complained about the conditions at the firing range. The district court granted summary judgment in favor of all of the defendants. Bivens appeals. We affirm.

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