What is the test for a civil rights claim in a civil case?
MultiRegion, United States of America
The following excerpt is from Randolph v. Nix, CASE NO. 1:12-CV-00392-LJO-MJS (PC) (E.D. Cal. 2012):
basic elements: (1) An assertion that a state actor took some adverse action against a prisoner (2) because of (3) that prisoner's protected conduct, and that such action (4) chilled the prisoner's exercise of his First Amendment rights, and (5) the action did not reasonably advance a legitimate correctional goal." Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005); accord Silva v. DiVittorio, 658 F.3d 1090, 1104 (9th Cir. 2011).
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