David Edwards v. Peck

U.S. Court of Appeals for the Ninth Circuit
David Edwards v. Peck, 512 F. App'x 697 (9th Cir. 2013)

David Edwards v. Peck

Opinion

MEMORANDUM **

California state prisoner David E. Edwards appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his right to adequate sanitation by prohibiting him from possessing a plastic bucket that he used to wash clothing. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir. 2001). We affirm.

The district court properly granted summary judgment because Edwards failed to raise a genuine dispute of material fact as to whether defendants’ removal of a plastic bucket that Edwards used to wash his personal, as opposed to state-issued, clothing was sufficiently grave to form the basis of an Eighth Amendment violation. See Wilson v. Setter, 501 U.S. 294, 298, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991) (“[Ojnly those deprivations denying ‘the minimal civilized measure of life’s necessities’ are sufficiently grave to form the basis of an Eighth Amendment violation.”) (quoting Rhodes v. Chapman, 452 U.S. 337, 347, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981)).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
David E. EDWARDS, Plaintiff-Appellant, v. PECK, Cpt., Defendant-Appellee
Status
Unpublished