Does a prisoner have to prove that his actions were retaliatory against a fellow inmate?
MultiRegion, United States of America
The following excerpt is from Benyamini v. Vance, No. 2:13-cv-0910 TLN AC P (TEMP) (E.D. Cal. 2016):
complains. See Pratt v. Rowland, 65 F.3d 802, 808 (9th Cir. 1995) (prisoner "must show that there were no legitimate correctional purposes motivating the actions he complains of."). District courts must "afford appropriate deference and flexibility" to prison officials in the evaluation of proffered legitimate penological reasons for conduct alleged to be retaliatory." Pratt, 65 F.3d at 807 (citing Sandin v. Conner, 515 U.S. 472 (1995)).
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