Ervin T. Valandingham, Jr. v. Randy Moen

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ervin T. VALANDINGHAM, Jr., Plaintiff-Appellee, v. Randy MOEN, Defendant-Appellant. No. 91-15714. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1992. * Decided May 14, 1992. Before CHOY, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Randy Moen appeals the district court's denial of post-trial motions following a jury verdict in favor of Ervin T. Valandingham, Jr., on his 42 U.S.C. § 1983 claim that Moen violated his Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 * Moen was a guard in the prison library. Valandingham alleged that Moen called him a "snitch," intending to subject him to harm by fellow inmates, in retaliation for attempts to seek legal redress for grievances. In Valandingham v. Bojorquez, 866 F.2d 1135, 1138-39 (9th Cir.1989), we held that Valandingham's allegations stated a claim for relief under § 1983. At trial,…