What is the legal framework for a retaliation claim?
MultiRegion, United States of America
The following excerpt is from Koala v. Khosla, 931 F.3d 887 (9th Cir. 2019):
After laying out this basic framework, we emphasized that "motive [is] a necessary element" of a retaliation claim, id. at 866, and held that "[o]therwise lawful government action may nonetheless be unlawful if motivated by retaliation for having engaged in activity protected under the First Amendment." Id. at 869 (quoting OBrien v. Welty , 818 F.3d 920, 932 (9th Cir. 2016) ).
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