Can a plaintiff who fails to allege a chilling effect on their ability to file an administrative grievance against the prison where they are serving time in prison claim damages for retaliation?
MultiRegion, United States of America
The following excerpt is from Mims v. Kendall, No. 2:18-cv-1864 DB P (E.D. Cal. 2019):
"[A] plaintiff who fails to allege a chilling effect may still state a claim if he alleges he suffered some other harm," Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir. 2009), that is "more than minimal," Robinson, 408 F.3d at 568 n.11. Filing administrative grievances and initiating civil litigation are protected activities, it is impermissible for prison officials to retaliate against prisoners for engaging in these activities. Rhodes, 408 F.3d at 567.
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