Can a prisoner bring a retaliation claim against a prison for turning a verbal encounter into a physical altercation?
MultiRegion, United States of America
The following excerpt is from O'Brien v. Gularte, Case No.: 18-cv-00980-BAS-MDD (S.D. Cal. 2020):
action of turning a verbal encounter into a physical altercation. See Rizzo v. Dawson, 778 F.2d 527, 532 (9th Cir. 1985) (holding that in order to bring a retaliation claim a prisoner must show more than retaliation, but "must also allege that the prison authorities' retaliatory action did not advance legitimate goals of the correctional institution or was not tailored narrowly enough to achieve such goals.")
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