California Court of Appeal

In plaintiff's 42 U.S.C. section 1983 suit against a city for adopting a resolution condemning him for hiring a private investigator to conduct surveillance of the city manager, trial court's grant of city's anti-SLAPP motion is reversed as plaintiff's 1983 action is based on conduct that qualifies for protection under the anti-SLAPP statute and plaintiff made a prima facie showing of success on the merits where his evidence would support findings that: 1) he was engaged in conduct protected by the First Amendment rights to petition and right of free speech; 2) the city took adverse action in response to his conduct with the intent to retaliate against him and deter that conduct; and 3) the city's adverse action caused injuries that would deter a person of ordinary firmness from engaging in that conduct.

Appellate Information

• Decided 09/21/2009
• Published 09/21/2009

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Mesirow & Fink, Steven M. Fink, Law Offices of Bruce Tichinin, Bruce Tichinin, for Plaintiffs and Appellants Bruce Tichinin et al.


• For Appellees:
  
• Burton, Volkmann & Schmal, Timothy J. Schmal, Burleigh E. Sabin, for Defendant and Respondent City of Morgan Hill.