In plaintiff's 42 U.S.C. section 1983 suit against a city for adopting a resolution condemning him for hiring a private investigator to conduct surveillance of the city manager, trial court's grant of city's anti-SLAPP motion is reversed as plaintiff's 1983 action is based on conduct that qualifies for protection under the anti-SLAPP statute and plaintiff made a prima facie showing of success on the merits where his evidence would support findings that: 1) he was engaged in conduct protected by the First Amendment rights to petition and right of free speech; 2) the city took adverse action in response to his conduct with the intent to retaliate against him and deter that conduct; and 3) the city's adverse action caused injuries that would deter a person of ordinary firmness from engaging in that conduct.
Filed September 21, 2009
Opinion by Judge Rushing
For Appellant: Mesirow & Fink, Steven M. Fink, Law Offices of Bruce Tichinin, Bruce Tichinin For Appelle: Burton, Volkmann & Schmal, Timothy J. Schmal, Burleigh E. Sabin