Does a plaintiff have a right to be free to exercise his constitutionally protected right to petition for redress?

MultiRegion, United States of America

The following excerpt is from Genas v. State of N.Y. Dept. of Correctional Services, 75 F.3d 825 (2nd Cir. 1996):

The district court correctly ruled that plaintiff had a clearly established right to be free of retaliatory action taken because he exercised his constitutionally protected right to petition for redress. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 283-84, 97 S.Ct. 568, 574-75, 50 L.Ed.2d 471 (1977); Franco v. Kelly, 854 F.2d 584, 590 (2d Cir.1988). Therefore, if defendants subjected plaintiff to disciplinary action in retaliation for his petitioning of the government, such conduct violated clearly established constitutional law.

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