What is the test for pleading not guilty to a retaliatory motive in a civil case?
MultiRegion, United States of America
The following excerpt is from Jenkins v. Yates, 1:11-cv-00805-LJO-GSA-PC (E.D. Cal. 2012):
plaintiff successfully pleads this element by alleging, in addition to a retaliatory motive, that the defendant's actions were arbitrary and capricious, id., or that they were "unnecessary to the maintenance of order in the institution," Franklin v. Murphy, 745 F.2d 1221, 1230 (9th Cir. 1984).
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