What is the test for proving that a plaintiff is subject to retaliation for his activities?
MultiRegion, United States of America
The following excerpt is from Grigsby v. Pfeiffer, Case No. 1:17-cv-01384-DAD-JLT (PC) (E.D. Cal. 2019):
To prove the second element - retaliatory motive - plaintiff must show that his protected activities were a "substantial" or "motivating" factor behind the defendant's challenged conduct. Brodheim v. Cry, 584 F.3d 1262, 1269, 1271 (9th Cir. 2009). Plaintiff must provide direct or circumstantial evidence of defendant's alleged retaliatory motive; mere speculation is not
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