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Constitutional retaliation

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Definition Edit

Constitutional retaliation refers to actions by the government in retaliation for the exercise of constitutionally-protected rights.

Overview Edit

To prevail on a retaliation claim, a plaintiff must prove "(1) that he engaged in constitutionally-protected activity; (2) that the government responded with retaliation; and (3) that the protected activity caused the retaliation."[1]

References Edit

  1. Eichenlaub v. Township of Indiana, 385 F.3d 274, 282 (3d Cir. 2004) (full-text).

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