Hector Ressy v. King County

MEMORANDUM

Hector L. Ressy appeals from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that he was treated roughly and handcuffed too tightly during his pre-hearing detention for a probation violation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912 , 919 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on Ressy’s excessive force claim because Ressy failed to raise a genuine dispute of material fact as to whether Benevente’s use of force was unreasonable. See Gibson v. County of Washoe, Nev., 290 F.3d 1175, 1197 (9th Cir.2002) (“[T]he Fourth Amendment sets the ‘applicable constitutional limitations’ for considering claims of excessive force during pretrial detention.” (citation omitted)); LaLonde v. County of Riverside, 204 F.3d 947, 961 (9th Cir.2000) (the extent of the injury inflicted on the plaintiff is relevant to the reasonableness inquiry).

The district court properly granted summary judgment on Ressy’s cruel and unusual punishment claim because Ressy failed to raise a triable dispute as to whether Benevente maliciously and…