Marlon Blacher v. S. Johnson

MEMORANDUM

California state prisoner Marlon Blacher appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations arising out of prison strip searches. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under 28 U.S.C. §§ 1915A and 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We may affirm on any ground supported by the record. Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir.1995) (per curiam). We affirm in part, reverse in part, and remand.

The district court properly dismissed Blacher’s claim of sexual harassment because the Eighth Amendment’s protections do not extend to mere verbal sexual harassment. See Somers v. Thurman, 109 F.3d 614, 624 (9th Cir.1997) (gawking, pointing, and joking do not violate the prohibition against cruel and unusual punishment).

Dismissal of the action against defendant Davis was proper because Blacher failed to link Davis to any alleged violations. See Arnold v. Int’l Bus. Machs. Corp., 637 F.2d 1350, 1355 (9th Cir.1981) (to bring a § 1983 claim,…