United States Ninth Circuit

Prison officials may not defeat a 42 U.S.C. section 1983 retaliation claim on summary judgment simply by articulating a general justification for a neutral process, when there is a genuine issue of material fact as to whether the action was taken in retaliation for the exercise of the inmate's constitutional rights.

Appellate Information

• Argued 11/05/2003
• Decided 12/10/2003
• Published 12/10/2003

Judges

• TROTT, Circuit Judge., Before THOMPSON, TROTT, Circuit Judges, and WEINER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kelly A. Woodruff,Farella Braun & Martel LLP, San Francisco, CA, for the plaintiff-appellant.


• For Appellees:
  
• Anya M. Binsacca, Attorney General's Office, San Francisco, CA, for the defendants-appellees.