Does a plaintiff have to prove that the actions of the alleged retaliator inhibited or suppressed his ability to file grievances or lawsuits?

MultiRegion, United States of America

The following excerpt is from Klein v. Williams, No. 12-15456 (9th Cir. 2017):

3. The district court dismissed Klein's retaliation claim in part because he failed to demonstrate that Kimoto's actions impaired his ability to file grievances or lawsuits. Yet, a plaintiff "does not have to demonstrate that his speech was actually inhibited or suppressed." Rhodes v. Robinson, 408 F.3d 559, 569 (9th Cir. 2005) (internal quotation marks omitted); Watison v. Carter, 668 F.3d 1108, 1114 (9th Cir. 2012) ("That the retaliatory conduct did not chill the plaintiff from suing the alleged retaliator does not defeat the retaliation claim at the motion to dismiss stage.").

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