Can a retaliation claim allege a chilling effect on First Amendment rights?

MultiRegion, United States of America

The following excerpt is from Jackson v. Valenzuela, Civil No. 11cv1077 WQH (JMA) (S.D. Cal. 2011):

1. "[A] retaliation claim may assert an injury no more tangible than a chilling effect on First Amendment rights." Gomez v. Vernon, 255 F.3d 1118, 1127 (9th Cir.2001) (emphasis original). "Without alleging a chilling effect, a retaliation claim without allegation of other harm is not actionable." Id. Thus, while many plaintiffs alleging retaliation can show harm by pointing to the "chilling effect" such acts may have had on the exercise of their First Amendment rights, "harms entirely independent from a chilling effect can ground retaliation claims." Rhodes, 380 F.3d at 1131.

Other Questions


Is there any case law supporting a claim that retaliation against a prisoner is retaliation against their First Amendment rights? (MultiRegion, United States of America)
Can a plaintiff make a cognizable claim in an amended complaint alleging that officials deliberately deprived him of his right to exercise his Eighth Amendment rights? (MultiRegion, United States of America)
Can allegations of retaliation against a prisoner's exercise of his First Amendment rights under section 1983 of the Criminal Code be made in a civil case? (MultiRegion, United States of America)
Is there any case law supporting a claim that retaliation against a prisoner's First Amendment rights to speech or to petition the government? (MultiRegion, United States of America)
What is the test for a plaintiff to prove that a rule or doctrine of interpretation has a "chilling effect" on their First Amendment rights? (MultiRegion, United States of America)
What is the test for a plaintiff to claim retaliation for his First Amendment rights? (MultiRegion, United States of America)
Is there any case law in which a prisoner can bring a claim for damages for retaliation against their First Amendment rights? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
What are the implications of the First Amendment for First Amendment rights of an inmate who is seeking to file a grievance in a federal court? (MultiRegion, United States of America)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.