What is the test for a plaintiff to bring a claim for First Amendment retaliation?

MultiRegion, United States of America

The following excerpt is from Owens v. McCament, No. 2:20-cv-2469-EFB P (E.D. Cal. 2021):

First, plaintiff does not specify how his First Amendment rights were violated. If plaintiff intends to pursue a First Amendment retaliation claim, he must allege facts showing that a defendant was aware of his First Amendment protected conduct (i.e., filing or intending to file a complaint against a defendant), and that the complaint was "the 'substantial' or 'motivating' factor" behind defendant's allegedly adverse actions. See Brodheim v. Cry, 584 F.3d 1262, 1271 (9th Cir. 2009). Mere conclusions of hypothetical retaliation are insufficient, a prisoner must "allege specific facts showing retaliation because of the exercise of the prisoner's constitutional rights." Frazier v. Dubois, 922 F.2d 560, 562 (n.1) (10th Cir. 1990).

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