The following excerpt is from Garcia v. Smith, No. 14-56687 (9th Cir. 2016):
retaliatory motive and penological justifications, there is also a triable issue as to the conspiracy claim against them. See Avalos v. Baca, 596 F.3d 583, 592 (9th Cir. 2010) (to support a claim of conspiracy under 1983, a plaintiff must establish "(1) the existence of an express or implied agreement among the defendant officers to deprive him of his constitutional rights, and (2) an actual deprivation of those rights resulting from that agreement" (quoting Avalos v. Baca, 517 F. Supp. 2d 1156, 1169-70 (C.D. Cal. 2007)).5
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