The following excerpt is from Dasilva v. Padilla, Case No.: 14-cv-2442-WQH-MDD (S.D. Cal. 2016):
Plaintiff pled sufficient facts to establish he was engaged in protected conduct because prisoners retain the right to file prison grievances and pursue civil rights litigation. Rhodes v. Robinson, 380 F.3d 1123, 1130 (9th Cir. 2004) amended on other grounds by Rhodes v. Robinson, 408 F.3d 559 (9th Cir. 2005) (reh'g denied). "In the First Amendment context . . . a prisoner retains those First Amendment rights that are not inconsistent with his status as a prisoner or with the legitimate penological interests of the
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