Is a search of a cell by a correctional officer a retaliation for the search of an inmate's cell a violation of the First Amendment?

MultiRegion, United States of America

The following excerpt is from Gibson v. Sedwick, CASE NO. 1:11-cv-01188-BAM PC (E.D. Cal. 2012):

Plaintiff alleges that the search of his cell was retaliatory. A viable claim of retaliation in violation of the First Amendment consists of five elements: "(1) An assertion that a state actor took some adverse action against an inmate (2) because of (3) that prisoner's protected conduct, and that such action (4) chilled the inmate's exercise of his First Amendment rights, and (5) the action did not reasonably advance a legitimate correctional goal." Rhodes v. Robinson, 408 F.3d 559, 567 (9th

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Cir. 2005); accord Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir. 2009).

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