Faye Slice v. Mike Ferriter

MEMORANDUM

Faye Slice appeals the district court’s grant of summary judgment in favor of various officials of the Montana Women’s Prison (MWP) (collectively “Defendants”) on her First Amendment retaliation claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

Genuine issues of material fact exist as to whether Defendants retaliated against Slice in violation of the First Amendment when she returned to the MWP following her successful pursuit of gender discrimination claims against the Montana Department of Corrections. Therefore, the district court improperly granted summary judgment to Defendants.

To prove retaliation in the prison context, a plaintiff must demonstrate, among other things, that the officials took “some adverse action” against plaintiff, Rhodes v. Robinson, 408 F.3d 559, 567 (9th Cir.2005), and that the protected conduct was a “substantial” or “motivating” factor for the adverse action, Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310 , 1314 (9th Cir.1989). Where an adverse action occurs shortly after the protected conduct, we have held that the timing creates an inference of retaliatory motive. Bruce v. Ylst, 351 F.3d 1283, 1288 (9th…