What is the test for retaliation against a prisoner for exercising a constitutional right?
MultiRegion, United States of America
The following excerpt is from Stafford v. Doss, No. 2:16-CV-1403-JAM-DMC (E.D. Cal. 2019):
In order to state a claim under 42 U.S.C. 1983 for retaliation, the prisoner must establish that he was retaliated against for exercising a constitutional right, and that the retaliatory action was not related to a legitimate penological purpose, such as preserving institutional security. See Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir. 1994) (per curiam).
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