Perez v. Prelip et al

Filing 162

ORDER. Signed by Judge Chhabria on 11/16/15. (vclc1S, COURT STAFF) (Filed on 11/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSE PEREZ,

Case No. 13-cv-05359-VC

Plaintiff,
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v.

ORDER

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A GATES, et al.,
Defendants.

United States District Court
Northern District of California

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Under Fed. R. Evid. 403, the defendants are precluded from cross-examining the plaintiff

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about his First Amendment activity following October 10, 2012. Cf. Brodheim v. Cry, 584 F.3d

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1262, 1271 (9th Cir. 2009) ("[A]n objective standard governs the chilling inquiry; a plaintiff does

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not have to show that 'his speech was actually inhibited or suppressed,' but rather that the adverse

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action at issue 'would chill or silence a person of ordinary firmness from future First Amendment

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activities.' To hold otherwise 'would be unjust' as it would 'allow a defendant to escape liability

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for a First Amendment violation merely because an unusually determined plaintiff persists in his

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protected activity.'" (quoting Rhodes v. Robinson, 408 F.3d 559, 568-69 (9th Cir. 2004))

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(emphasis omitted)).

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IT IS SO ORDERED.
Dated: November 16, 2015
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VINCE CHHABRIA
United States District Judge