Charles Reed v. John Biddulph

MEMORANDUM

Charles V. Reed, a Washington state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging First Amendment retaliation and Washington state tort claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Brodheim v. Cry, 584 F.3d 1262, 1267 (9th Cir. 2009), and we affirm.

The district court properly granted summary judgment on Reed’s retaliation claims because Reed failed to raise a genuine dispute of material fact as to whether defendants acted with a retaliatory motive and whether there was an absence of legitimate correctional goals for defendants’ conduct. See id. 584 F.3d at 1271 (“To prevail on a retaliation claim, a plaintiff must show that his protected conduct was the ‘substantial’ or ‘motivating1 factor behind the defendant’s conduct.” (citation and internal quotation marks omitted)); 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.”).

The district court properly granted summary judgment on Reed’s Washington state tort claims because Reed failed to…