Brodheim v. Cry, No. 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.

Read Brodheim v. Cry, No. 07-17081

Appellate Information

Argued and Submitted September 16, 2009

Filed October 28, 2009

Judges

Opinion by Judge Larson

Counsel

For Appellant:

Joseph David Elford, Americans for Safe Access, Oakland, CA

For Appellee:

Kelli Hammond, Office of the California Attorney General, Sacramento, CA