Scott C. Smith v. Rick Queen

967 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Scott C. SMITH, Plaintiff-Appellant, v. Rick QUEEN, et al., Defendant-Appellee. No. 91-36012. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 2, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Scott C. Smith, a Washington state prisoner, appeals pro se the district court's summary judgment in favor of the defendants, prison officials, in his civil rights action under 42 U.S.C. § 1983 . Smith contends that the district court erred by finding that there was no genuine issue of material fact as to Smith's claim that he was harassed and denied his constitutional rights in retaliation for his legal activities. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and reverse in part. 3 We review the district court's grant of summary judgment de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421…