Can a plaintiff bring a claim for retaliation against a prison officer for the loss of personal property due to his actions in a civil case?

MultiRegion, United States of America

The following excerpt is from Perryman v. Dir., CDCR, No. 2:19-cv-2480 DB P (E.D. Cal. 2020):

To the extent plaintiff is attempting to make a claim that the property losses were the result of retaliation, he fails to allege any facts to establish such a claim. To state a claim for retaliation under the First Amendment, plaintiff must state facts showing the following five basic elements: "(1) An assertion that a state actor took some 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, 567-68 (9th Cir. 2005) (footnote and citations omitted).

Other Questions


Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
Can a plaintiff bring a claim for malicious prosecution under section 1983 of the California Civil Code of Civil Procedure against the Department of Justice for improper search and seizure of personal information? (MultiRegion, United States of America)
Can a plaintiff bring multiple retaliation claims against the same defendant in a civil action? (MultiRegion, United States of America)
Does Section 1915(g) of the Civil Code of Civil Procedure prohibit a plaintiff from bringing a claim in federal court where the claim was previously dismissed? (MultiRegion, United States of America)
What is the test for a prisoner to successfully plead not guilty to a civil rights complaint brought by a prison officer who is also a defendant in the civil rights case of Rhodes v Rhodes? (MultiRegion, United States of America)
Can a plaintiff bring a claim for declaratory relief and money damages challenging prison disciplinary procedures in a civil rights action? (MultiRegion, United States of America)
Can a plaintiff bring a civil action against an illegal immigrant who allegedly contacted a law enforcement officer who appeared on the scene of an incident where plaintiff was injured? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
When will a plaintiff be able to bring a claim for damages arising out of actions taken in anticipation of future government action? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.