What is the test for adverse action against an inmate (1.2) by a correctional officer against the inmate's protected conduct?
MultiRegion, United States of America
The following excerpt is from Lewis v. Adams, CASE NO. 1:10-CV-00266-OWW-DLB PC (E.D. Cal. 2010):
adverse action against an inmate (2) because of (3) that prisoner's protected conduct, and that such action (4) chilled the inmate's exercise of his First Amendment rights, and (5) the action did not reasonably advance a legitimate correctional goal." Rhodes v. Robinson, 408 F.3d 559, 56768 (9th Cir. 2005); see Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir. 2009) (citing Rhodes, 408 F.3d at 567-68).
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