What is the test for determining whether a defendant knew of protected speech before the allegedly retaliatory decision?
MultiRegion, United States of America
The following excerpt is from Lewis v. Wagner, CASE NO. 14cv2264-WQH-BGS (S.D. Cal. 2017):
that the defendant knew of the protected speech, at least (1) evidence of proximity in time between the protected speech and the allegedly retaliatory decision, (2) evidence that the defendant expressed opposition to the speech or (3) evidence that the defendant's proffered reason for the adverse action was false or pretextual." Pinard v. Clatskanie Sch. Dist. 6J, 467 F.3d 755, 771 n.21 (9th Cir. 2006).
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