What is the test for a First Amendment retaliation claim?

MultiRegion, United States of America

The following excerpt is from Higginbotham v. Sylvester, 16-3994 (2nd Cir. 2018):

To prevail on a First Amendment retaliation claim, plaintiff must prove "(1) he has an interest protected by the First Amendment; (2) defendants' actions were motivated or substantially caused by his exercise of that right; and (3) defendants' actions effectively chilled the exercise of his First Amendment right." Curley v. Village of Suffern, 268 F.3d 65, 73 (2d Cir. 2001). "Specific proof of improper motivation is required in order for plaintiff to survive summary judgment on a First Amendment retaliation claim." Id. (citation omitted).

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)
What is the test for a First Amendment retaliation claim? (MultiRegion, United States of America)
What is the test for a First Amendment retaliation claim? (MultiRegion, United States of America)
Can a plaintiff bring a claim that he or she was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
What is the test for a retaliation claim under the First Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a claim that he or she was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
What is the test for a retaliation claim under the First Amendment? (MultiRegion, United States of America)
When assessing a First Amendment challenge to an ordinance that prohibits same-sex marriage, does the court also have to consider the meaning of the First Amendment? (MultiRegion, United States of America)
What is the test for a claim of retaliation in violation of the First Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a motion to dismiss the claim that he was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.