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United States Ninth Circuit


Brodheim v. Cry, 07-17081

In a prisoner's action claiming that an official violated his First Amendment right to petition the government for redress of grievances, summary judgment for defendants is reversed where there were genuine issues of material fact as to the existence of an adverse action against plaintiff, the causation for the adverse action, the chilling of plaintiff's rights, and the relationship of any action to a legitimate correctional goal.

Appellate Information

  • Decided 10/28/2009
  • Published 10/28/2009

Judges

  • Before:  STEPHEN REINHARDT and CARLOS T. BEA, Circuit Judges, and STEPHEN G. LARSON, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Joseph David Elford, Americans for Safe Access, Oakland, CA, for the plaintiff-appellant.

  • For Appellees:
  • Kelli Hammond, Office of the California Attorney General, Sacramento, CA, for the defendant-appellee.
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