Civil Rights — 42 U.S.C. Sec. 1983 Claim— - First Amendment Retaliation is a type of civil claim that is brought against a state, county, or city government for depriving someone of their First Amendment right to free speech. This type of claim is brought under the Civil Rights Act of 1871, Section 1983, which allows individuals to sue state or local governments for violating their constitutional rights. Generally, these claims involve a state or local government retaliating against an individual for exercising their First Amendment rights, such as speaking out against the government or engaging in political activities. There are two types of First Amendment Retaliation claims: "cat's paw" retaliation, which occurs when a government official uses another person or entity to retaliate against the individual; and "direct retaliation", which occurs when the government official takes direct action against the individual.
Civil Rights - 42 U.S.C. Sec. 1983 Claims - First Amendment Retaliation
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To succeed on a Section 1983 claim, a plaintiff must prove that his constitutional rights were violated, and that the violation was caused by a person acting under color of law. West v. Atkins, 487 U.S. 4242 (1988).
If the officer retaliates against such a person by pulling him over, arresting him, or using excessive force, he is guilty of First Amendment retaliation.
Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.
A Section 1983 First Amendment retaliation claim requires the plaintiff to show (1) she engaged in protected speech, (2) the government's retaliatory conduct adversely affected that speech and (3) a causal link exists between the conduct and the adverse effect.
To bring a First Amendment retaliation claim, the plaintiff must allege that (1) it engaged in constitutionally protected activity; (2) the defendant's actions would 'chill a person of ordinary firmness' from continuing to engage in the protected activity; and (3) the protected activity was a substantial or motivating
Section 1 of that law ? known today as 42 U.S.C. § 1983 ? empowers individuals to sue state and local government officials who violate their federal constitutional rights. The law was aimed at protecting Black Americans from white supremacist violence and murder in the postbellum South.
42 U.S.C. § 1983 allows claims against public employers for retaliation towards workers who oppose race discrimination in employment (noting prior intra-circuit split on issue).
The elements of a § 1983 claim are (1) the action occurred ?under color of state law? and (2) the action resulted in the deprivation of a constitutional right or federal statutory right.