Does a claim for verbal harassment fail if construed as a retaliation claim?

MultiRegion, United States of America

The following excerpt is from Evans v. Fox, No. 2:16-cv-1997-EFB P (E.D. Cal. 2018):

1. This claim for verbal harassment fails even if construed as a First Amendment retaliation claim. See Gaut v. Sunn, 810 F.2d 923, 925 (9th Cir. 1987) (holding that mere verbal threats, even if issued to deter claimant from accessing courts, do not give rise to a First Amendment claim).

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