What is the initial burden of proving that protected conduct was a substantial or motivating factor in a prison officials' disciplinary decision?
MultiRegion, United States of America
The following excerpt is from Kotler V. Donelli, 09-4262-pr (2nd Cir. 2010):
A plaintiff bears the initial burden of showing that "the protected conduct was a substantial or motivating factor in the prison officials'" disciplinary decision. Graham v. Henderson, 89 F.3d 75, 79 (2d Cir. 1996). Plaintiffs may do so with circumstantial evidence if it
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