John Melnik v. James Dzurenda

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN MELNIK, No. 20-15378 Plaintiff-Appellee, D.C. No. v. 3:16-cv-00670-

MMD-CLB

JAMES DZURENDA; DWIGHT NEVEN,

Warden; JAY BARTH, Sgt.; JASON SATTERLY, c/o; ANTHONY WARREN, OPINION c/o; STACEY BARRETT, Defendants-Appellants.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted March 10, 2021 Las Vegas, Nevada

Filed September 27, 2021

Before: Richard R. Clifton, Jacqueline H. Nguyen, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Clifton; Dissent by Judge Bennett SUMMARY*

Prisoner Civil Rights

The panel affirmed the district court’s order, on summary judgment, denying qualified immunity to Nevada correctional officials in an action brought pursuant to 42 U.S.C. § 1983 by a state prisoner alleging defendants violated his constitutional rights by denying him the ability to examine certain documents that could have served as evidence in a prison disciplinary proceeding.

Plaintiff was charged with unauthorized or…