Christopher Grindling v. Roy Hirayama

MEMORANDUM

Christopher Grindling, a Hawaii state prisoner, appeals pro se from the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his pre-trial detention. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Gibson v. County of Washoe, Nev., 290 F.3d 1175, 1180 (9th Cir.2002), and we affirm.

The district court properly granted summary judgment on the claims against the County because Grindling failed to raise a genuine issue of material fact as to whether his constitutional rights were violated pursuant to a policy, practice, or custom of the County. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).

The district court properly granted summary judgment on the claims against the officers because Grindling failed to raise a genuine issue of material fact as to whether the deputies used excessive force to restrain him. See Gibson, 290 F.3d at 1197-98 (outlining Fourth Amendment’s reasonableness test as applied to pre-trial detainee’s excessive force claims).

The district court did not abuse its discretion by denying Grindling’s…