Kennebrew v. Peterson

967 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John S. KENNEBREW, Plaintiff-Appellant, v. Kurt PETERSON, Superintendent Shelton Corrections Center; Booth Gardner, individually and in his official capacities; Fleming, individually and in his official capacity; Joseph D. Lehman, individually and in his official capacity, Defendants-Appellees. No. 91-35956. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 19, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 John S. Kennebrew, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. The district court found that the prison officials were entitled to qualified immunity in Kennebrew's action, which alleged that prison officials had violated his civil rights by authorizing and conducting a digital rectal search without cause and…