Ronald Paul Clark v. Kraig Clay John McSwain and Whatcom County

978 F.2d 714 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald Paul CLARK, Plaintiff-Appellant, v. Kraig CLAY; John McSwain; and Whatcom County, Defendants-Appellees. No. 91-35688. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided Oct. 27, 1992. Before HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Ronald Paul Clark appeals from the district court's orders granting summary judgment in favor of defendants on his section 1983 claim and dismissing his state law negligence claim for lack of jurisdiction in his suit against two jail guards and Whatcom County. We reverse and remand. FACTS 3 On October 13, 1985, Ronald Paul Clark, a citizen of Canada, was incarcerated in the Whatcom County jail in Bellingham, Washington. Kraig Clay, a guard, entered the day room where Clark was watching television and informed Clark that he had visitors. In preparation for taking Clark to the visiting area, Clay shackled him by chaining his…