What is the test for a plaintiff to bring a claim of retaliation against a correctional institution for allegedly interfering with the exercise of a constitutional right?

MultiRegion, United States of America

The following excerpt is from Cruz v. Jeffreys, Case No. 15cv2826 JLS (PCL) (S.D. Cal. 2017):

Rhodes, 408 F.3d at 567-68 (footnote omitted). A plaintiff is required to link the alleged retaliation to the exercise of a constitutional right. Id. A plaintiff must also prove that the prison authorities' alleged retaliatory action did not advance legitimate goals of the correctional institution. Watison v. Carter, 668 F.3d 1108, 1114-1115 (9th Cir. 2012). At the pleading stage, a plaintiff need not "demonstrate a total chilling of his First Amendment right to file grievances and to pursue civil rights litigation in order to perfect a retaliation claim." Rhodes, 408 F.3d at 568. In other words, the fact that an inmate has fulfilled the legal requirements necessary to pursue his cause of action in federal court does not mean that his First Amendment rights were not chilled. Id. at 569.

Page 8

Other Questions


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)
Can a plaintiff bring a claim under section 52.1 of the California Civil Rights Code against a public official for allegedly interfering with her civil rights? (MultiRegion, United States of America)
Can a plaintiff make a cognizable claim in an amended complaint alleging that officials deliberately deprived him of his right to exercise his Eighth Amendment rights? (MultiRegion, United States of America)
In what circumstances will a plaintiff bring a claim alleging that he was the victim of a conspiracy to deprive him of a constitutional right? (MultiRegion, United States of America)
Can a plaintiff bring a complaint alleging that defendants conspired to deprive plaintiff of his constitutional rights? (MultiRegion, United States of America)
What is the test for an amended complaint in a civil case brought by a plaintiff who alleges that she was ordered to participate in a criminal conspiracy to deprive plaintiff of a constitutional right? (MultiRegion, United States of America)
What is the appeal from a dismissal of claim against several defendants for alleged fraud arising from the adjudication of a claim for damages allegedly sustained by plaintiff in two industrial accidents? (MultiRegion, United States of America)
What is the test for a motion alleging retaliation for the exercise of constitutional rights against a defendant? (MultiRegion, United States of America)
Does a plaintiff have a right to be free to exercise his constitutionally protected right to petition for redress? (MultiRegion, United States of America)
Can a plaintiff bring a claim for retaliation against a former employee of a school for failing to show any one of the required elements of retaliation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.