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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
Ninth Circuit: "Chilling Effect" Not Required
Filed under:
Retaliation,
Retaliation for Filing Grievances,
Writing Implements,
Prisoner Property,
Qualified Immunity.
Location:
California.
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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- Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions, by John E Dannenberg
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- Three Americans Convicted of Running Sham Military Jail in Afghanistan
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- California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes
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- New York Prisoner Awarded $105,000 for Shoulder Injury
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- Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus, by John E Dannenberg
- Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a)
- Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation, by Marvin Mentor
- Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim
- BOP Ad-Seg Rules Create a Liberty Interest, by David Reutter
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More from Marvin Mentor:
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- California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790, Jan. 15, 2010
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, Sept. 15, 2009
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, Sept. 15, 2009
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, Sept. 15, 2009
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, July 15, 2009
- California County’s 2005 Purchase of Private Prison Still Clouded in Conflict of Interest Questions, May 15, 2009
- California Appellate Court Grants Writ, Reverses Governor, Reinstates PLN Writer’s Grant of Parole, March 15, 2009
- Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges, Feb. 15, 2009
More from these topics:
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- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
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- California Changes Prisoner Property Policy After Suit Filed Alleging Gender Discrimination Against Men, Nov. 15, 2024. Gender Discrimination -- Men, Prisoner Property.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.
- Missouri Prisoners Losing Reentry Money to “Incarceration Reimbursement”, Oct. 15, 2024. Release and Reentry, Seizure of Prisoner Funds, Prisoner Property.
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