Joseph Horne v. J. Rutledge
Cases that cite this one
1 later published case cites this decision.
- (PC) Savary v. Towle (United States District Court for the Eastern District of California 2020)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
MEMORANDUM **
The district court properly granted summary judgment on the excessive force *265 claim because Joseph Deonn Horne (“Horne”) failed to raise a triable issue as to whether prison guards acted “maliciously and sadistically for the very purpose of causing harm” by using pepper spray after Horne repeatedly refused to comply with orders to cease holding his blanket up to the cell door. Hudson v. McMillian, 503 U.S. 1, 6, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992) (citation and internal quotation marks omitted).
Horne’s remaining contentions are unpersuasive.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.