David Birrell v. Keith Knauf

MEMORANDUM

California state prisoner David Wesley Birrell, aka Bella-Christina Birrell, appeals pro se from the district court’s summary judgment in her 42 U.S.C. § 1983 action alleging federal and state law claims in connection with the denial of her application for a volunteer position in a prison pastoral care services program. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003), and we affirm.

The district court properly granted summary judgment on Birrell’s First Amendment retaliation claim because she failed to raise a genuine dispute of material fact as to whether defendants took an adverse action against her that was connected to any protected conduct. See Watison v. Carter, 668 F.3d 1108, 1114-15 (9th Cir. 2012) (elements of a retaliation claim).

The district court properly granted summary judgment on Birrell’s conspiracy claim under 42 U.S.C. § 1985 because she failed to raise a genuine dispute of material fact as to whether defendants conspired against her in a manner resulting in the deprivation of a right or privilege. See Gillespie v. Civiletti, 629 F.2d 637, 641 (9th Cir.1980) (elements of a § 1985…