· 9/9/2005
Danny M. Bennett v. Dennis Lee Hendrix
Citations
- 423 F.3d 1247
- 2005 U.S. App. LEXIS 19466
- 2005 WL 2174056
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is clearly established “that retaliation against private citizens for exercising their First Amendment rights is actionable.”
- noting that a plaintiff’s allegations that a defendant’s retaliatory acts adversely affected him “is an injury sufficiently adverse to give rise to Article III standing”
- alleging that officers “engaged in a campaign of retaliation,” including active surveillance, roadblocks and false traffic citations
- explaining that retaliatory conduct by the government against non-employees is judged by whether a person of “ordinary firmness” would be deterred from exercising their First Amendment rights, and this type of injury gives rise to Article III standing
- finding that retaliatory USCA11 Case: 22-10319 Document: 70-1 Date Filed: 09/13/2023 Page: 28 of 43 2 WILLIAM PRYOR, C.J., Concurring 22-10319 conduct is unconstitutional if it would “likely deter a person of or- dinary firmness from the exercise of First Amendment rights”
- finding that retaliatory USCA11 Case: 22-10319 Document: 70-1 Date Filed: 09/13/2023 Page: 28 of 43 2 WILLIAM PRYOR, C.J., Concurring 22-10319 conduct is unconstitutional if it would “likely deter a person of or- dinary firmness from the exercise of First Amendment rights”
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Wilson, Nangle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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