The following excerpt is from Cruz v. Jeffreys, Case No. 15cv2826 JLS (PCL) (S.D. Cal. 2017):
Rhodes, 408 F.3d at 567-68 (footnote omitted). A plaintiff is required to link the alleged retaliation to the exercise of a constitutional right. Id. A plaintiff must also prove that the prison authorities' alleged retaliatory action did not advance legitimate goals of the correctional institution. Watison v. Carter, 668 F.3d 1108, 1114-1115 (9th Cir. 2012). At the pleading stage, a plaintiff need not "demonstrate a total chilling of his First Amendment right to file grievances and to pursue civil rights litigation in order to perfect a retaliation claim." Rhodes, 408 F.3d at 568. In other words, the fact that an inmate has fulfilled the legal requirements necessary to pursue his cause of action in federal court does not mean that his First Amendment rights were not chilled. Id. at 569.
Page 8
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.