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9th Circuit: Prisoner Need Not Succumb to Threats in Order to Prevail on First Amendment Retaliation Claim

Loaded on Feb. 15, 2011 by Michael Brodheim published in Prison Legal News February, 2011, page 29
Filed under: Retaliation, Retaliation for Filing Grievances, Retaliatory Transfers. Location: California.
The Ninth Circuit has ruled that a prisoner threatened with retaliation for filing grievances may prevail on a claim of First Amendment retaliation even when the threat is non-specific and not carried out, and even if the prisoner does not succumb to the threat, so long as the threat would …

 

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