Terry M. Turner v. John Waihee

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry M. TURNER, Plaintiff-Appellant, v. John WAIHEE, et al., Defendants-Appellees. No. 92-16715. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided April 30, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Terry M. Turner, a Hawaii state prisoner, appeals from the district court's award of summary judgment to the defendants in his civil rights action below. This court has jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 The action below arose out of an incident in 1990, in which appellant's jaw was broken in a fight with another inmate. Appellant filed this action against various state and prison officials, alleging violations of his constitutional rights under 42 U.S.C. §§ 1983 , 1985(3) and 1986. The magistrate-judge issued a recommendation that defendants' motion for summary judgment be granted. The district court, in a 21 page…