Calvin Rouse v. Doug Waddington

Good Law
372 F. App'x 791
United States Court of Appeals for the Ninth CircuitMarch 31, 201009-35131California368 words

Opinion

Opinion

MEMORANDUM

Calvin Rouse, a Washington state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging discriminatory placement in administrative segregation, deliberate indifference to serious medical needs, and excessive force. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and for abuse of discretion its refusal to appoint counsel, Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991), and we affirm.

The district court properly granted summary judgment for defendants on Rouse’s discrimination claim because Rouse offered no evidence that prison officials were motivated by discriminatory animus against Rouse on the basis of his race or religion when they placed him in administrative segregation. See Forsberg v. Pac. Northwest Bell Tel. Co., 840 F.2d 1409, 1419 (9th Cir.1988) (“[Pjurely eonclusory allegations of alleged discrimination, with no concrete, relevant particulars, will not bar summary judgment.”).

The district court properly granted summary judgment for defendants on Rouse’s claim that they were…

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