What is the test for an allegation that a state actor took adverse action against an inmate?
MultiRegion, United States of America
The following excerpt is from Patterson v. County Of San Diego, CASE NO. 09cv2298-IEG(AJB) (S.D. Cal. 2011):
(1) An assertion that a state actor took some adverse action against an inmate, (2) because of (3) that prisoner's protected conduct, and that such action (4) chilled the inmate'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 (9th Cir. 2005) (citing Resnick v. Hayes, 213 F.3d 443, 449
Page 6
"The most advanced legal research software ever built."
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.
Other Questions
What is the test for adverse action against an inmate (1.2) for allegedly using offensive words to a fellow inmate? (MultiRegion, United States of America)
Can a state court deny jurisdiction in an action at law where the complaint is insufficient to state a cause of action? (MultiRegion, United States of America)
What is the test for adverse action against an inmate (1.2) by a correctional officer against the inmate's protected conduct? (MultiRegion, United States of America)
Does the Eleventh Amendment bar a plaintiff from bringing a civil action in federal court against a state official acting in his official capacity alleging a violation of state law? (MultiRegion, United States of America)
How have courts considered the role of the state in determining whether a private actor must be subject to the same obligations as the state? (MultiRegion, United States of America)
Does the disclosure of adverse employment references constitute an adverse employment action? (MultiRegion, United States of America)
What is the test for a state action action against a municipality that owns and operates a local airport? (MultiRegion, United States of America)
What is a cause of action against a person who acts under color of state law who has violated rights guaranteed by the United States Constitution? (MultiRegion, United States of America)
Can a plaintiff bring a class action under the state laws of multiple states? (MultiRegion, United States of America)
Is a claim that the state court misapplied state law cognizable in a federal habeas action? (MultiRegion, United States of America)
