Franklin L. Miller v. Thomas R. Newbauer Jerry S. Klos William A. McKinnon Kenneth J. Sharp and Walter Herbert

Franklin L. Miller appeals pro se the district court’s grant of appellees’ motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo a grant of summary judgment. Cohen v. Paramount Pictures Corp., 845 F.2d 851, 852 (9th Cir.1988). We must determine, viewing the evidence in the light most favorable to the nonmov-ing party, appellant here, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id.

I.

Appellant Miller, a former Air Force Reserve sergeant who is black, alleges that five Air Force Reservists, all of whom are white, improperly detained him at Norton Air Force Base on October 6, 1985. Miller and all five of the appellees at the time of the incident were members of the 445th Military Airlift Wing/Avionics Maintenance Squadron (“445th AMS”). Miller was a technician in the electrical shop, and appel-lees were his superior officers and supervisors.

Prior to October 6, 1985, Miller had been having problems in his unit for some time. In May of 1983 appellee Lieutenant Colonel Thomas Newbauer, appellant’s unit commander, advised Miller to…