Marts v. Swinney

978 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sidney MARTS, a/k/a Terry Bishop, Plaintiff-Appellant, v. Vincent SWINNEY, Sheriff; William Higgs, Medical Director, Washoe County Jail; Jane Doe # 1; Sgt. John Doe # 1; Sgt. John Doe # 2; Roy Powell, Director, of Programs, Defendants-Appellees. No. 92-15501. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 10, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Sidney Marts, a Nevada state prisoner, appeals pro se the district court's grant of summary judgment in favor of prison officials in Marts 42 U.S.C. § 1983 action. Marts contends that (1) the defendants denied him adequate medical treatment during his incarceration as a pretrial detainee, (2) his due process rights were violated when he was assigned to a cell on an upper-level tier, (3) he was sentenced in contravention of state and federal law, and (4) the district court erred by…