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Practice Areas • Practices • First Amendment Retaliation

Understanding First Amendment retaliation

When a government entity, official, or employee retaliates against someone for exercising First Amendment rights, it may constitute a violation of the First Amendment.

To establish a claim for First Amendment retaliation, a plaintiff must demonstrate:

  • Protected Activity: The individual engaged in conduct or speech protected by the First Amendment.

  • Adverse Action: The government took an action against the individual that would deter a person of “ordinary firmness” from continuing to engage in that protected conduct.

  • Causal Connection: There is a link between the protected activity and the adverse action, showing that the retaliation was motivated, at least in part, by the individual's protected conduct.

Proving these elements can be complex and often requires thorough legal analysis and evidence gathering.

Our experience in First Amendment–retaliation cases

At The Chandra Law Firm LLC, we have represented clients in various First Amendment–retaliation cases, securing outcomes that show our commitment to protecting constitutional rights. Here are just a few examples:

  • LaMont Lockhart case: Our firm represented LaMong Lockhart, a former Village of Woodmere chief of police who alleged retaliation after he blew the whistle on illegal race discrimination by then-Mayor Yolanda Broadie against white police officers. The case resulted in a $2,000,750 jury verdict, followed by a $1.4 million settlement.

  • Leonard Mazzola case: Our firm represented Leonard Mazzola, a former police lieutenant in Independence, Ohio, who alleged retaliation for exercising his First Amendment rights. The city agreed to a settlement of nearly $1,000,000.

  • Sean DeCrane case: We represented Sean DeCrane, a former Cleveland fire battalion chief, in a case alleging First Amendment retaliation. The U.S. Court of Appeals for the Sixth Circuit held that the case could proceed, emphasizing that clearly established First Amendment principles prohibited the alleged retaliatory actions. The opinion is one of the leading opinions nationally on First Amendment–retaliation law involving public employees. The case then settled for nearly $1,000,000.

  • 2016 Republican National Convention protestors cases: First Amendment–retaliation cases against the City of Cleveland and its police officers over arrests made for peaceful protests resulted in $1,000,000 in settlement payouts.

  • Abdul Malik-Ali case: We represented Abdul Malik-Ali, a whistleblower who reported airport-safety violations to the Federal Aviation Administration. Following alleged retaliatory actions by the City of Cleveland, the case settled with the city agreeing to pay an additional $425,000 beyond what OSHA had awarded him in a separate whistleblower action we filed, plus increased wage compensation.

  • Stacy and Jason Hinners case: Our firm represented Stacy and Jason Hinners in a case against the City of Huron, Ohio. Stacy Hinners faced retaliatory detention and criminal charges after peacefully criticizing city officials’ actions at a city council meeting. The charges were dismissed, and the city agreed to a $256,000 settlement to resolve claims of First Amendment retaliation and malicious prosecution.

  • Ricky Morrison case: We represented Ricky Morrison, a Mahoning County maintenance worker who was terminated after engaging in protected political expression during his personal time. The case concluded with a $175,000 settlement.

    Note: Past case outcomes do not guarantee similar results in future cases. Each case is unique and must be evaluated on its own merits.

How we can assist you

First Amendment–retaliation cases require careful legal analysis and a thoughtful, strategic approach. For example, different legal standards may apply to private citizens than to public employees, whose rights can be more limited. The law in this area is complicated—more complicated than it should be given the importance of the rights at stake. Our firm is experienced in navigating these complex cases, from initial consultation through litigation. We work diligently to protect our clients' constitutional rights and seek appropriate remedies for any violations.

If you believe you have been subjected to retaliation for exercising your First Amendment rights, we invite you to contact The Chandra Law Firm LLC. We are prepared to assess your situation and determine the best course of action. It would be most helpful if you could describe in our linked contact form

  • what protected activity you engaged in and when,

  • how those who retaliated against you knew about it,

  • who took adverse actions against you,

  • what adverse actions they took and when, and

  • what proof you have that the adverse actions were causally connected to your protected activity.


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