Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)

Citation: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Parent Document: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Jurisdiction: United States (federal)
Effective Date: 2023-09-29
Original Source: https://www.courtlistener.com/opinion/9429207/greg-moore-v-sean-garnand/ ↗

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4
  Defendants opened the criminal investigation in November 2017 and
obtained the subpoenas sometime before April 2018. Because these acts
happened before August 2018, which is when Plaintiffs first engaged in
any protected activity by filing suit against Officer Garnand, we do not
consider them in analyzing Plaintiffs’ First Amendment retaliation
claims based on their lawsuits and requests for information. See Pratt v.
Rowland, 65 F.3d 802, 808 (9th Cir. 1995) (a decision to transfer an
inmate that preceded the inmate’s television interview could not have
been made in retaliation for the interview). As noted below, however,
we do consider them in analyzing the First Amendment retaliation claims
based on Mr. Moore remaining silent.
5
  “If a nonmovant shows by affidavit or declaration that, for specified
reasons, it cannot present facts essential to justify its opposition, the court
8                         MOORE V. GARNAND

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