Mariano

MEMORANDUM *

Silas Mariano appeals the district court’s order granting defendants’ motion for summary judgment. We affirm. Because the factual and procedural histories of this case are well known to the parties, we need not recount them here.

When a public employee complains of unlawful retaliation in response to an exercise of First Amendment rights, that employee must prove (1) that the conduct or expression at issue is constitutionally protected, and (2) that the conduct or expression was a substantial or motivating factor in the retaliatory adverse action. Brewster v. Board of Educ., 149 F.3d 971 , 978 (9th Cir.1998). When defendants tender sufficient evidence that the adverse employment action was taken for legitimate, non-discriminatory reasons, the plaintiff is obligated to tender additional evidence to establish that the employer’s rationale was pretextual. Strahan v. Kirkland, 287 F.3d 821, 825 (9th Cir.2002).

In this ease, it is undisputed that there were extremely serious problems at the Stark Correctional Facility which newly-appointed Superintendent Chatten was directed to address. He brought in his own management team, and reorganized and upgraded the Stark Center…