What is the test for adverse action by a correctional officer against an inmate who was protesting against the use of the word "sensationalist" in a news conference?
MultiRegion, United States of America
The following excerpt is from Davis v. Molina, Case No. 1:14-cv-1554 LJO-BAM (PC) (E.D. Cal. 2018):
protected conduct was a "substantial factor" or "motivating reason" for the adverse action; (4) the adverse action chilled the inmate's exercise of First Amendment rights; and (5) the adverse action did not reasonably advance a legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (footnote omitted); Brodheim v. Cry, 584 F.3d 1262, 1269-72 (9th Cir. 2009).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
Can a correctional officer take adverse action against an inmate (1) because of (2) that prisoner's protected conduct? (MultiRegion, United States of America)
What is the test for adverse action against an inmate (1.2) for allegedly using offensive words to a fellow inmate? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
Is a corrections officer legally responsible for injuries sustained by an inmate as a result of his actions? (MultiRegion, United States of America)
Does the testimony of an expert who disagrees with the actions of a police officer render the officer's actions unreasonable? (MultiRegion, United States of America)
Can a hearing officer, parole officer, hearing officer and parole official be immunized from prosecution? (MultiRegion, United States of America)
Does the disclosure of adverse employment references constitute an adverse employment action? (MultiRegion, United States of America)
In a civil action brought by appellant against two police officers for assault, what is the effect of the assault on the officers? (MultiRegion, United States of America)
Is a visa officer's manager entitled to disagree with an officer's recommendation if the visa officer has not conducted an oral interview? (Canada (Federal), Canada)
