What is the test for a plaintiff to bring a civil action against a correctional institution for allegedly retaliating against the correctional institution?
MultiRegion, United States of America
The following excerpt is from McQueen v. California, No. 2:17-cv-0378 WBS AC P (E.D. Cal. 2019):
must allege and prove either a chilling effect on the exercise of First Amendment rights or some other harm. Id. Finally, plaintiff must allege and show that the retaliatory action '"did not advance legitimate goals of the correctional institution[.]'" Id. (quoting Rizzo v. Dawson, 778 F.2d 527, 532 (9th Cir. 1985)).
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