Marlon Collins v. Brian Williams, Sr.

MEMORANDUM

Nevada state prisoner Marlon D. Collins appeals pro se from the' district court’s judgment in his 42 U.S.C. § 1983 action alleging First and Eighth Amendment claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Douglas v. Noelle, 567 F.3d 1103, 1106 (9th Cir.2009), and summary judgment, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994). We affirm.

The district court properly dismissed Collins’s Eighth Amendment claim because neither the issuance of disciplinary charges of which Collins was later acquitted — nor his placement in administrative, protective, and disciplinary segregation for almost six months — constituted cruel and unusual punishment. See Anderson v. County of Kern, 45 F.3d 1310, 1316 (9th Cir.1995) (administrative segregation is within the terms of confinement ordinarily contemplated by a sentence, and does not violate the Eighth Amendment despite the accompanying restrictions on, among other things, exercise and recreation).

The district court properly granted summary judgment on Collins’s First Amendment claim because, even assuming that his refusal to sign a liability waiver constituted…