James Hinkley v. Bernard Warner

Good Law
616 F. App'x 255
United States Court of Appeals for the Ninth CircuitSeptember 4, 201514-35603California395 words

Opinion

Opinion

MEMORANDUM

Washington state prisoner James Mark Hinkley appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action .alleging Fourth and Eighth Amendment claims arising out of a random urinalysis drug test. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm.

The district court properly dismissed Hinkley’s Fourth Amendment claim because Hinkley failed to allege facts sufficient to show that his random urinalysis drug test was unreasonable. See Thompson v. Souza, 111 F.3d 694, 702-03 (9th Cir.1997) (setting forth factors to determine whether a search is reasonable under the Fourth Amendment and holding that a prisoner’s non-random urinalysis drug test was a reasonable search). Moreover, the district court properly dismissed Hinkley’s challenge to the urinalysis policy because it concluded the policy was reasonably related to a legitimate penological interest.

The district court properly dismissed Hinkley’s Eighth Amendment claim…

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