* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that this opinion should

not be published and is not precedent except under the limited circumstances set forth in

5 TH C IR

. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-40865

Summary Calendar

DONALD W. MENVILLE,

Plaintiff-Appellant,

versus

KRISTOPHER BAKER, Captain, Powledge Unit;

GRACELIA R. RAMOS, Sergeant, Powledge Unit;

S. TORRES, Powledge Unit;MARK ALLISON,

Powledge Unit; TRUMAN CREW, Powledge Unit;

RAYMOND THOMPSON, Powledge Unit; NOLAN

PITCOCK, Powledge Unit; GARY L. JOHNSON,

DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL

JUSTICE, INSTITUTIONAL DIVISION,

Defendants-Appellees.

-------------------- Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:99-CV-293

-------------------- January 14, 2000

Before POLITZ, WIENER and DeMOSS, Circuit Judges.

PER CURIAM: *

Donald W. Menville, Texas prisoner #660811, appeals the dismissal of his 42

U.S.C. § 1983 complaint, contending that the trial court erred in dismissing his claim1 Luken v. Scott , 71 F.3d 192 (5th Cir. 1995).

2 Novak v. Beto , 453 F.2d 661 (5th Cir. 1971).

3 Tighe v. Wall , 100 F.3d 41, 42 (5th Cir. 1996) (internal quotations and citation

omitted).

2 that one of the defendants, Captain Kristopher Baker, violated his right to due process

by summar ily ordering him into solitary confinement after the second of two

disciplinary hearings. Menville focuses on the a dditiona l post-hearing punishment

imposed by Baker; he does not challenge the propriety of the punishment imposed at

the second hearing. As the district court concluded, however, Menville’s due-process

claim was not viable. 1

Menville contends that the district court erred in refusing to consider an eighth

a mendment claim based on Baker’s conduct. This claim fails, however, because

Menville did not allege that he suffered any intolerable punishment. 2

Menville maintains that the district court erred in declining to address his claim

that Baker ordered him into solitary confinement in retaliation for his successful appeal

of the first of the two disciplinary hearings. We find merit in this contention,

concluding that Menville adequately stated a retal iation claim in his amended

c omplaint. “To state a claim of retaliation[,] an inmate must allege the violatio n of a

specific constitutional r ight and be prepared to establish that but for the retaliatory

motive the complained of incident would not have occurred.” 3 The motive may be

shown “by a l leging a chronology of events from which retaliation may plausibly be4 Id . (internal quotations and citation omitted).

5 Jackson v. Cain , 864 F.2d 1235 (5th Cir. 1989).

6 Woods v. Smith , 60 F.3d 1161 (5th Cir. 1995).

7 Id .; Jackson , 864 F.2d at 1248.

8 Tighe , 100 F.3d at 42.

9 See Tighe , 100 F.3d at 42.

3 inferred.” 4 Even conduct that is not actionable under the eighth amendment may be

actionable in a retaliation claim. 5

A prison offi cial may not retaliate against an inmate because the inmate

complained to supervisors about the official’s misconduct. 6 A prisoner has a

constitutional right to report to superiors a prison guard’s misconduct. 7 Additionally,

our review of the pleadings persuades that Menville “alleg[ed] a chronology of events

from which retaliation may plausibly be inferred.” 8 He alleged that Baker acted in the

first hearing to deprive him of due proces s, that he frustrated Baker’s plan by

complaining to the warden, and that Baker ordered him into solitary confinement after

the second hearing solely because of his complaint to the warden. Accordingly,

Menville adequately alleged both “the violation of a specific constitutional right” and

a retaliatory motive by Baker. 9 On remand, the district court should proceed with the

appropriate adjudication of this claim.

The district court erred in declining to consider Menville’s retaliation claim. We

find no error, however, in the court’s dismissal of the remainder of Menville’s4

complaint. We AFFIRM IN PART, REVERSE IN PART, and REMAND for further

proceedings.