Andrew John Walker v. George W. Sumner

Caution
917 F.2d 382·1990 WL 157489·1990 U.S. App. LEXIS 18366
United States Court of Appeals for the Ninth CircuitOctober 22, 199088-15644California3,052 words

Opinion

Opinion

Reinhardt, J.

Andrew Walker, a former inmate of Nevada State Prison, brought an action against the director of the Nevada Department of Prisons and various prison officers and administrators under 42 U.S.C. § 1983 (1982) alleging that his fourth, eighth, and fourteenth amendment rights were violated. He contends the violation occurred when prison guards forced him to submit to a blood test — purportedly in connection with an AIDS testing program being administered in the state prisons — by threatening to shoot him with “taser” guns. The district court, adopting the Report and Recommendation of a magistrate, granted defendants’ motion for summary judgment and Walker appealed. A review of the record reveals that defendants offered no evidence that the AIDS test, if such was the purpose of the blood sampling, was “reasonably related to legitimate penological interests.” Turner v. Safley, 482 U.S. 78, 89 , 107 S.Ct. 2254, 2261-62 , 96 L.Ed.2d 64 (1987). Moreover, the record reveals that a material issue of fact exists regarding the prison officials’ purpose in drawing Walker’s blood. Accordingly, summary judgment in favor of the prison officials was inappropriate. We reverse.

I. FACTS

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