Remeidio

MEMORANDUM *

Romirico Remeidio appeals the district court’s grant of summary judgment in his 42 U.S.C. § 1983 action against several California prison officials. We review the district court’s decision de novo, drawing all reasonable inferences in favor of the non-moving party. Porter v. California Department of Corrections, 419 F.3d 885, 891 (9th Cir.2005). We affirm in part and reverse in part, and remand for further proceedings on the retaliation claim.

We conclude that summary judgment should not have been granted on the retaliation claim. To establish a First Amendment retaliation claim, a prisoner must show “that he was retaliated against for exercising his constitutional rights and that the retaliatory action does not advance legitimate penological goals.” Bruce v. Ylst, 351 F.3d 1283, 1288 (9th Cir.2003) (citation omitted). On the current record, there is a genuine issue of material fact as to whether the discipline imposed was retaliatory and not motivated by a legitimate correctional purpose. Even though the defendants were within their rights to search Remeidio’s cell (which search led to the discovery of contraband), Remeidio’s verified complaint asserts that no…