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Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation

Loaded on Feb. 15, 2005 by Marvin Mentor published in Prison Legal News February, 2005, page 36
Filed under: Retaliation, Retaliation for Filing Grievances, Writing Implements, Prisoner Property, Qualified Immunity. Location: California.
Ninth Circuit: "Chilling Effect" Not Required
To Establish First Amendment Violation

by Marvin Mentor

The Ninth Circuit U.S. Court of Appeals dealt with the following conundrum: does a prisoner who exhaustively fights purported violations of his First Amendment rights, by dint of his sheer effort to do so, thereby unwittingly …

 

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