What is the burden of pleading and proving to a prison official that a retaliation action against a prisoner is justified?
MultiRegion, United States of America
The following excerpt is from CURTIS HARVEY Merch. v. LOPEZ, Civil No. 09-856-WQH-NLS (S.D. Cal. 2011):
The prisoner bears the burden of pleading and proving the absence of legitimate correctional goals for the conduct of which he complains. See Pratt, 65 F.3d at 806. At that point, the burden shifts to the prison official to show that the retaliatory action was narrowly tailored to serve a legitimate penological purpose. See Schroeder v. McDonald, 55 F.3d 454, 461-62 (9th Cir. 1995).
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