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Tichinin v. City of Morgan Hill, No. H031019

By FindLaw Staff on September 22, 2009 3:56 PM

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. 

Read Tichinin v. City of Morgan Hill, No. H031019

Appellate Information

Filed September 21, 2009

Judges

Opinion by Judge Rushing

Counsel

For Appellant: Mesirow & Fink, Steven M. Fink, Law Offices of Bruce Tichinin, Bruce Tichinin For Appelle:   Burton, Volkmann & Schmal, Timothy J. Schmal, Burleigh E. Sabin

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