Judge tosses inmate’s retaliation suit over confiscated floppy disks

Judge tosses inmate’s retaliation suit over confiscated floppy disks

NEWARK, N.J. – A federal judge has dismissed a civil rights lawsuit filed by an East Jersey State Prison inmate who claimed corrections officials retaliated against him by seizing a package of floppy disks sent by his brother.

U.S. District Judge Julien Neals granted summary judgment Friday to Sgt. Rhonda Mountcastle-Thomas and Associate Administrator Cindy Sweeney, ending a four-year legal fight brought by prisoner Misael Cordero.

Cordero, who represented himself, alleged the seizure violated his First Amendment rights because he had filed grievances against prison staff.


Key Points

  • Federal court grants summary judgment to two East Jersey State Prison officials
  • Inmate alleged confiscation of floppy disks was retaliation for filing grievances
  • Judge finds no evidence linking confiscation to retaliatory intent

Disks bought on eBay led to dispute

Court records show that in July 2021, Cordero requested permission to buy fifteen floppy disks for a word processor. Sweeney responded that written approval was unnecessary as long as the items met prison rules. Days later, Cordero’s brother purchased a 10-pack of floppy disks from eBay and had them shipped directly to the prison.

The disks were confiscated upon arrival because they were not from an approved “source of sale” and lacked an invoice, according to a contraband receipt. Cordero appealed the decision through the JPay electronic system, but officials upheld the confiscation, noting that eBay was not an approved vendor and outside items required administrative clearance.

Court rejects retaliation claim

In his filings, Cordero argued that the confiscation was motivated by retaliation for his previous grievances and that prison policies were applied inconsistently. Defendants denied the accusation, citing compliance with mailroom and property procedures.

Judge Neals concluded there was no evidence to suggest the confiscation was retaliatory, finding instead that officials acted within established prison regulations. Cordero’s claims of a broader pattern of abuse were deemed unsubstantiated.

The case, Cordero v. Mountcastle-Thomas et al., was dismissed in its entirety, closing a dispute that had wound through federal court since 2021.

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