What is the test for a First Amendment retaliation claim?

MultiRegion, United States of America

The following excerpt is from Hayes v. Dahlke, 976 F.3d 259 (2nd Cir. 2020):

"To prevail on a First Amendment retaliation claim, an inmate must establish (1) that the speech or conduct at issue was protected, (2) that the defendant took adverse action against the plaintiff, and (3) that there was a causal connection between the protected [conduct] and the adverse action. " Holland v. Goord , 758 F.3d 215, 225 (2d Cir. 2014) (quoting Espinal v. Goord , 558 F.3d 119, 128 (2d Cir. 2009) ). The parties do not contest that the first requirement has been met, as filing a grievance is protected conduct. See Gill v. Pidlypchak , 389 F.3d 379, 384 (2d Cir. 2004).

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