Judicial defendant-knowledge requirement for retaliation

AND · 42usc1981:defendant-knowledge

Link knowledge to the relevant decisionmaker/defendant, not a conclusory reference to defendants collectively. Boxill dismissed because concrete adverse-action/causal allegations were missing.

Exact element source

The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
Source: docroot/ir/usc/title42.jsonl#title42_sec1981; Unicode character offsets [823:967] (end exclusive); SHA-256 5e5aa212ab2f30dd84c80b0b228057e2c583768ee608c391e0ac73d92e609577.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
knowledge/conclusory-collective-allegation1
Satisfied 0; not satisfied 1; excluded context 0
1/f3d/935/0510-01 — United States Court of Appeals for the Sixth Circuit · 2019 — not

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/935/0510-01 — United States Court of Appeals for the Sixth Circuit · 2019Judicial defendant-knowledge requirement for retaliationnot
Counted merits instance
applied / merits

basis: pleaded; party: O’Grady; count: Section 1981 retaliation; subject: party=O’Grady; count=Section 1981 retaliation

The earlier knowledge discussion concerns First Amendment retaliation, but the §1981 section expressly incorporates that factual deficiency. No First Amendment motivating-factor rule is imported into §1981.
knowledge/conclusory-collective-allegation
Boxill alleges that "the Defendants knew" this letter was meant to "memorializ[e] complaints made" by her against O'Grady.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0510-01; Unicode character offsets [2655:2777] (end exclusive); SHA-256 a74c128916e884a9f9a943b6da6821746f2cb0222551b7ea22ce8541aac7705b.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

And Boxill has offered no plausible, non-conclusory facts to show that O'Grady was even aware of her complaints against him.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0510-01; Unicode character offsets [10664:10788] (end exclusive); SHA-256 a74c128916e884a9f9a943b6da6821746f2cb0222551b7ea22ce8541aac7705b.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

To survive dismissal, Boxill must allege that (1) she engaged in protected activity; (2) her exercise of that activity was known by the Defendant; (3) the Defendant thereafter took an action that was materially adverse to her; and (4) there was a causal connection between the protected activity and the materially adverse action. Laster v. City of Kalamazoo , 746 F.3d 714, 730 (6th Cir. 2014).
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0510-01; Unicode character offsets [14122:14517] (end exclusive); SHA-256 a74c128916e884a9f9a943b6da6821746f2cb0222551b7ea22ce8541aac7705b.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Boxill does allege that the "Defendants knew" the letter drafted about O'Grady's behavior was "memorializing complaints made" by her. But again, this vague, conclusory reference to "the Defendants" is not enough to make a plausible showing that O'Grady was aware of her complaints.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0510-01; Unicode character offsets [19558:19839] (end exclusive); SHA-256 a74c128916e884a9f9a943b6da6821746f2cb0222551b7ea22ce8541aac7705b.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations

interpretation

To survive dismissal, Boxill must allege that (1) she engaged in protected activity; (2) her exercise of that activity was known by the Defendant; (3) the Defendant thereafter took an action that was materially adverse to her; and (4) there was a causal connection between the protected activity and the materially adverse action. Laster v. City of Kalamazoo , 746 F.3d 714, 730 (6th Cir. 2014).

/f3d/935/0510-01 — United States Court of Appeals for the Sixth Circuit · 2019

To survive dismissal, Boxill must allege that (1) she engaged in protected activity; (2) her exercise of that activity was known by the Defendant; (3) the Defendant thereafter took an action that was materially adverse to her; and (4) there was a causal connection between the protected activity and the materially adverse action. Laster v. City of Kalamazoo , 746 F.3d 714, 730 (6th Cir. 2014).
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0510-01; Unicode character offsets [14122:14517] (end exclusive); SHA-256 a74c128916e884a9f9a943b6da6821746f2cb0222551b7ea22ce8541aac7705b.

Link knowledge to the relevant decisionmaker/defendant, not a conclusory reference to defendants collectively. Boxill dismissed because concrete adverse-action/causal allegations were missing.