What is the test for determining whether a prison officer has a valid penological reason to retaliate against another inmate?
MultiRegion, United States of America
The following excerpt is from In re Salinas, 1:16-cv-00520-DAD-GSA-PC (E.D. Cal. 2018):
The court must "'afford appropriate deference and flexibility' to prison officials in the evaluation of proffered legitimate penological reasons for conduct alleged to be retaliatory." Pratt, 65 F.3d at 807 (9th Cir. 1995) (quoting Sandin v. Conner, 515 U.S. 472, 482 (1995)).
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