United States Third Circuit

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Mirabella v. Villard, 15-3171

In a suit alleging a local government violated plaintiffs' First Amendment rights by retaliating against them for the exercise of their First Amendment right to threaten the government with litigation, and by violating the plaintiffs' First Amendment right to petition the government for redress of grievances by prohibiting them from communicating directly with any members of local government, the district court's denial of defendants' motion to dismiss and for qualified immunity are reversed where, although plaintiffs have adequately alleged both a retaliation claim and a violation of their right to petition, the rights allegedly violated were not clearly established for the purpose of qualified immunity.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/04




  • United States Third Circuit


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