Rhodes v. Robinson.
U.S. Appeals Court
RETALIATION FOR LEGAL ACTION
Rhodes v. Robinson, 408 F.3d 559 (9th Cir. 2005). A state prisoner one in confinement, or under arrest, for a political offense.
See also: State brought a [section] 1983 action against prison officials, alleging that they retaliated against him for exercising his First Amendment rights to file prison grievances. The district court dismissed the action for failure to state a claim Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy.
Failure to state a claim is frequently raised as a defense in civil litigation. and the prisoner appealed. The appeals court reversed and remanded. The court held that the fact that the prisoner undertook exhaustive efforts to remedy a myriad of alleged violations of his First Amendment rights did not demonstrate that his rights were not violated at all. The court noted that adoption of such a theory would subject prisoners to a "Catch 22" by establishing a rule that, by virtue of an inmate having fulfilled the requirements necessary to pursue a cause of action in federal court, he would be precluded from prosecuting the very claim he was forced to exhaust. According to the court, the prisoner presented the "very archetype archetype (är`kĭtīp') [Gr. arch=first, typos=mold], term whose earlier meaning, "original model," or "prototype," has been enlarged by C. G. Jung and by several contemporary literary critics. of a cognizable The adjective "cognizable" has two distinct (and unrelated) applications within the field of law. A cognizable claim or controversy is one that meets the basic criteria of viability for being tried or adjudicated before a particular tribunal. First Amendment retaliation claim" in alleging that prison officials: (1) arbitrarily confiscated con·fis·cate
tr.v. con·fis·cat·ed, con·fis·cat·ing, con·fis·cates
1. To seize (private property) for the public treasury.
2. To seize by or as if by authority. See Synonyms at appropriate.
adj. , withheld and eventually destroyed his property, threatened to transfer him to another facility, and ultimately assaulted him; (2) because he; (3) exercised his First Amendment rights to file prison grievances and otherwise seek access to the legal process, and that; (4) beyond imposing those tangible harms, the officers' actions chilled the prisoner's First Amendment rights; and (5) were not undertaken in narrowly tailored furtherance of legitimate penological pe·nol·o·gy also poe·nol·o·gy
The study, theory, and practice of prison management and criminal rehabilitation.
[Latin poena, penalty (from Greek purposes. The court noted that the prisoner's conflict with the officers "has its genesis in the most unlikely of places: the servicing of his Canon typewriter." (California Correctional Institution, Tehachapi, California)