Charles J. Oltarzewski, Jr. v. Roger Crist

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles J. OLTARZEWSKI, Jr., Plaintiff-Appellant, v. Roger CRIST, et al., Defendants-Appellees. No. 91-15977. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 3, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Charles J. Oltarzewski, Jr., an Arizona state prisoner, appeals pro se the district court's grant of summary judgment in favor of the appellees in Oltarzewski's 42 U.S.C. § 1983 action. We review de novo, Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986), and we affirm in part and vacate and remand in part. Eighth Amendment Claims A. Prison Cell Conditions 3 Oltarzewski contends that prison officials violated his eighth amendment rights because they placed him in an inadequately-sized and unclean prison cell. This contention lacks merit. 4 To constitute cruel and unusual punishment in violation of the eighth amendment,…