Can a prison staff member retaliate against an inmate for filing a grievance?

MultiRegion, United States of America

The following excerpt is from Pierce v. Gonzales, Case No. 1:10-cv-00285 JLT (PC) (E.D. Cal. 2011):

The complaint is rife with allegations that the "Green Wall Staff Prison Gang" is retaliating against Plaintiff for his grievances by stealing his mail. Under the First Amendment, prison officials may not retaliate against prisoners for initiating litigation or filing administrative grievances. Rhodes v. Robinson, 408 F.3d 559, 568 (9th Cir. 2005). A viable claim of retaliation entails five basic elements: (1) an assertion that a prison official took some adverse action against an inmate (2) because of (3) the inmate's protected conduct; (4) the adverse action chilled the inmate's exercise of his First Amendment rights; and (5) the adverse action did not reasonably advance a legitimate penological purpose. Id.; Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir. 1994).

Other Questions


Can a plaintiff who fails to allege a chilling effect on their ability to file an administrative grievance against the prison where they are serving time in prison claim damages for retaliation? (MultiRegion, United States of America)
Can a prison officer retaliate against an inmate for filing a grievance? (MultiRegion, United States of America)
Does a prison officer have authority to retaliate against a prisoner for filing an administrative grievance? (MultiRegion, United States of America)
What is sufficient to support a claim under section 1983 of the Criminal Code for retaliation against an inmate who files an inmate grievance? (MultiRegion, United States of America)
What is sufficient to support an allegation of retaliation against a prisoner's right to file a prison grievance? (MultiRegion, United States of America)
What is the test for retaliation against a prisoner who files a grievance under section 1983 of the Prisoner's First Amendment? (MultiRegion, United States of America)
Can a prison officer retaliate against a prisoner for filing an administrative grievance and pursuing civil rights litigation? (MultiRegion, United States of America)
Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (MultiRegion, United States of America)
Is retaliation against a prisoner's right to file a grievance sufficient to support a claim under section 1983? (MultiRegion, United States of America)
Does a transfer of an inmate from a federal prison to another federal prison violate the inmate's right to a new facility? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.