Swan v. Smith
Opinion of the Court
MEMORANDUM
In his complaint, plaintiff-appellant Byron Swan asserted three claims. The district court granted summary judgment against Swan on all his claims and he now appeals. We review the grant of summary judgment de novo
First, Swan claimed that defendants subjected him to physical force that rose to a constitutional violation under the Eighth Amendment. The use of force against a prisoner violates the Eighth Amendment only where the quantum of force used is more than de minimis in nature.
Second, Swan claimed that defendants conducted retaliatory searches of his cell. In the prison context, a cognizable retaliation claim requires a prisoner to allege that the retaliatory action didn’t serve a legitimate penological purpose.
Finally, Swan asserts that defendants failed to give him heightened notice of summary judgment as required by Rand.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. See Oliver v. Keller, 289 F.3d 623, 626 (9th Cir. 2002).
. Id. at 628.
. McKinney v. Anderson, 959 F.2d 853, 854 (9th Cir. 1992).
. Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir. 1994).
. S.E.R. at 29-34.
. Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998).
. S.E.R. at 147-49.
Reference
- Full Case Name
- Byron J. SWAN, Plaintiff—Appellant v. George SMITH J. Robles, Program Administrator R. Emerson J. Tucker, Senior Librarian A. Nappi F.A. Rodriguez, Lieutenant N.D. Nason, Correctional Officer L. Echeverria, Asst Warden, Chief Deputy Warden P. Kenney, Correctional Officer G. Durham, Correctional Officer James Gomez T. Loftin G.B. Garibay S.C. Fletcher L.J. Otoole Bruce Streeter D. Mayle M. Meske E. Glaster, Defendants—Appellees
- Cited By
- 3 cases
- Status
- Published