Second Circuit, for instance, recognized that an inmate can bring a First Amendment right to petition claim when prison officials “intentionally file[ ] false disciplinary charges against him in retaliation for his cooperation with a state administrative investigation of alleged incidents of inmate abuse at the prison.” Franco v. Kelly, 854 F.2d 584, 589 (2d Cir. 1988). The court later recognized the right in the context of retaliation against inmates for filing grievances. Gayle v. Gonyea, 313 F.3d 677, 682 (2d Cir. 2002) (“An allegation that a prison official filed false disciplinary charges in retaliation for the exercise of a constitutionally protected right, such as the filing of a grievance, states a claim under § 1983.”) (citing Franco, 854 F.2d at 589-90). The S 9th Cir. 2009) (<HOLDING>); Boxer X v. Harris, 437 F.3d 1107, 1112 (11th
recognizing that prisoners undoubtedly exercise first amendment petition right when filing grievances and stating that prison officials may not retaliate against prisoners for filing grievances holding that an inmate has a first amendment right to file grievances against prison officials holding no first amendment right to file frivolous grievances recognizing first amendment retaliation right recognizing first amendment petition right where inmate alleged retaliation for filing grievances