Ford v. PalmerFord v. Palmer
- Reporters:
- ,
- Before:
- Guido Calabresi, Debra Ann Livingston, Denny Chin
Appellant, Corey Ford, pro se, appeals from the district court‘s grant of summary judgment to the defendants, dismissing his civil rights complaint, and from the district court‘s sua sponte dismissal of Ford‘s First Amendment retaliation claim pursuant to the court‘s authority under
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We review the grant of summary judgment de novo with the view that “[s]ummary judgment is appropriate only if the moving party shows that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law.” Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir.2003). After an independent review of the record and relevant case law, we conclude that Ford‘s appeal from the dismissal of his claims pursuant to
We reach a different conclusion regarding the dismissal of Ford‘s First Amendment retaliation claim. We review de novo dismissals pursuant to Rule 12(b)(6) and § 1915(e)(2). See Famous Horse Inc. v. 5th Ave. Photo Inc., 624 F.3d 106, 108 (2d Cir.2010); Giano v. Goord, 250 F.3d 146, 150 (2d Cir.2001). The complaint must plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Because Ford filed his complaint pro se, “it must be construed liberally to raise the strongest arguments it suggests.” Walker v. Schult, 717 F.3d 119, 124 (2d Cir.2013) (internal quotation marks and alterations omitted).
Ford alleges that Correction Officer Law violated Ford‘s First Amendment right to free speech when Law retaliated against Ford for reporting Law‘s failure to provide Ford with hot water for his Ramadan breakfast. To prevail on a First Amendment retaliation claim brought under
The district court erred in its sua sponte dismissal of Ford‘s retaliation claim on the basis that Officer Law‘s alleged statements did not constitute “adverse action” as a matter of law. Ford‘s amended complaint states that “plaintiff was threaten [sic] by C.O. Law defendant, to put some kind of substance in plaintiffs hot water for writing complance [sic] and grievances to defendant Smith for being denied his right to practice his religion.” Read liberally, the complaint alleges that Officer Law threatened to poison Ford in retaliation for the statements Ford made.2 The district court erred in reasoning, as a matter of law, that verbal threats must be more definite and specific than Officer Law‘s alleged threat in order to constitute “adverse action.” In fact, in this context, the vague nature of the alleged threat—i.e., not telling Ford when or how Officer Law planned to poison him—could have enhanced its effectiveness as a threat and increased the likelihood that a person of ordinary firmness would be deterred from filing additional grievances. Further, the district court‘s reliance on the fact that Ford continued to file grievances was in error. Gill v. Pidlypchak, 389 F.3d 379, 381 (2d Cir.2004). As we have stated, the “objective test [for First Amendment retaliation] applies even where a particular plaintiff was not himself subjectively deterred; that is, where he continued to file grievances and lawsuits.” Id. Moreover, the record contains evidence that plaintiff was in fact deterred on one or more occasions from accepting hot water from Law. Accordingly, we conclude that Ford has plausibly alleged that Officer Law‘s alleged actions constituted adverse action.
We have considered Ford‘s remaining arguments and find them to be without merit. For the foregoing reasons, the judgment of the district court is AFFIRMED IN PART and REVERSED IN PART, and the case is REMANDED for further proceedings consistent with this order.