Does a defendant have a right to retaliate against an inmate who engaged in protected activity?
MultiRegion, United States of America
The following excerpt is from Wiideman v. Potter, 8 F.3d 34 (9th Cir. 1993):
2 Evidence that the defendant's allegedly retaliatory action took place immediately following the inmate's protected activity may allow an inference of retaliatory motive. Cf. Smith v. Maschner, 899 F.2d 940, 949 (10th Cir.1990).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a cause of action against prison officials who retaliate against inmates for exercising their constitutionally protected rights? (MultiRegion, United States of America)
What is the test for whether Plaintiff has sufficiently alleged that he engaged in protected activity to support his Title VII retaliation claim? (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)
Does a defendant have to prove that they would have taken the same adverse action even if they had engaged in protected activity? (MultiRegion, United States of America)
Does section 1959(a) of the RICO Act require a defendant to commit a violent crime for the purpose of maintaining or increasing his position in an enterprise engaged in racketeering activity? (MultiRegion, United States of America)
Does a black police officer who reports overhearing racial slurs made by other police officers against black citizens have to engage in protected activity? (MultiRegion, United States of America)
Does a plaintiff have a right to be free to exercise his constitutionally protected right to petition for redress? (MultiRegion, United States of America)
What are the potential injuries to future defendants if a defendant waives his right to give inconsistent testimony at trial should the plea bargain fail? (MultiRegion, United States of America)
What is the test for a motion alleging retaliation for the exercise of constitutional rights against a defendant? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
