William Price v. Stephanie Brazier

MEMORANDUM

William Jay Price, a civilly committed resident of California’s Sex Offender Commitment Program, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. §• 1983 action alleging First and Fourteenth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Price’s First Amendment retaliation claim regarding termination of therapy because Price failed to allege facts sufficient to show that defendant Brazier’s actions did not reasonably advance a legitimate correctional goal. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005) (setting forth the elements of a retaliation claim in the prison context); Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir.1995) (“The plaintiff bears the burden of pleading and proving the absence of legitimate correctional goals for the conduct of which he complains.”). To the extent that Price intended to raise a First Amendment retaliation claim regarding a failure to protect, dismissal would have been proper because Price failed…