What is the test for maintaining a claim of retaliation pursuant to the First Amendment?

MultiRegion, United States of America

The following excerpt is from Griffin v. Zurbano, Case No.: 16-CV-2715-JLS-WVG (S.D. Cal. 2019):

To maintain a claim of retaliation pursuant to the First Amendment, a prisoner must show that "(1) ... a state actor took some adverse action against [him] (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

Page 8

correctional goal." Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005).

Other Questions


Is there any case law supporting a claim that retaliation against a prisoner is retaliation against their First Amendment rights? (MultiRegion, United States of America)
Can a plaintiff bring a claim that he or she was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
What is the test for a retaliation claim under the First Amendment? (MultiRegion, United States of America)
What is the test for a First Amendment retaliation claim? (MultiRegion, United States of America)
What is the test for a claim of retaliation in violation of the First Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a motion to dismiss the claim that he was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
When assessing a First Amendment challenge to an ordinance that prohibits same-sex marriage, does the court also have to consider the meaning of the First Amendment? (MultiRegion, United States of America)
What is the test for a First Amendment retaliation claim? (MultiRegion, United States of America)
What is the test for a retaliation claim under the First Amendment? (MultiRegion, United States of America)
Can a plaintiff bring a claim that he or she was retaliated against in violation of the First Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.