Pierre Fouche' v. Scott Holencik

MEMORANDUM

Federal prisoner Pierre Fouché appeals pro se from the district court’s judgment dismissing his action, brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), alleging constitutional violations in connection with new search policies employed at his prison job site. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.2010). We affirm.

The district court properly dismissed Fouché’s Fourth Amendment claim based on the “pat search” policy because the complaint and documents attached thereto showed that the challenged policy was reasonably related to a legitimate, penological interest, and that the searches were reasonable under the circumstances. See Nunez v. Duncan, 591 F.3d 1217, 1227-28 (9th Cir.2010) (setting forth the standards for evaluating prison searches and prison policies that allegedly infringe on prisoners’ constitutional rights, and explaining that controlling contraband within a prison is a legitimate, penological interest); cf. Michenfelder v. Sumner,…