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· 2/25/2014

Troy K. Scheffler v. Jack Molin

Citations

  • 743 F.3d 619
  • 2014 WL 700768
  • 2014 U.S. App. LEXIS 3457

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that, while an official’s instruction to call the police could be deemed a threat of retaliation, “what the police would do after that was in their discretion,” not the official’s discretion or control
  • requiring the plaintiff to show a chilling effect on a constitutional right
  • considering whether conduct by a city official constituted First 23 Amendment retaliation and declining to address whether the same conduct might amount to a “content-based restriction” on the plaintiff’s “right of expression in a limited public forum”
  • “To prevail on his First'Amendment retaliation claim, [Eggenberger] must show (1) that he engaged in a constitutionally protected activity____”
  • To deter the exercise of speech, a defendant’s actions generally must have some kind of “concrete consequences.”
  • “To prevail on his First Amendment retaliation claim, [the plaintiff] must show . . . that he engaged in a constitutionally protected activity . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Loken, Kelly

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.