Laurice McCurdy v. Lisa Alvarez

MEMORANDUM

Nevada state prisoner Laurice McCurdy appeals pro se from the district court’s judgment in his action brought under 42 U.S.C. § 1983 and 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 that defendants committed numerous constitutional violations while McCurdy was a pretrial detainee. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Starr v. Baca, 652 F.3d 1202, 1205 (9th Cir.2011) (dismissal for failure to state a claim); Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir.1998) (summary judgment). We affirm.

The district court properly granted summary judgment on McCurdy’s excessive force claim against defendants Neiman, Alvarez, and Cobb because McCurdy failed to raise a genuine dispute of material fact as to whether those defendants used force maliciously and sadistically for the purpose of causing harm. See Whitley v. Albers, 475 U.S. 312, 320-21 , 106 S.Ct. 1078 , 89 L.Ed.2d 251 (1986) (Eighth Amendment excessive force inquiry “ultimately turns on whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very…