Demont Conner v. Ben Griego

MEMORANDUM

DeMont R.D. Conner, a Hawaii state prisoner, appeals pro se from the district court’s dismissal order and summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his placement in disciplinary segregation and his conditions of confinement while held there. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm in part, reverse in part, and remand.

The district court properly granted summary judgment on Conner’s aceess-to-courts claim because Conner failed to raise a genuine dispute of material fact as to whether the alleged denial of his legal papers caused actual injury, see Lewis v. Casey, 518 U.S. 343, 348-49 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996), and Conner’s excessive force claim because Conner failed to raise a triable dispute as to whether the use of pepper spray to obtain his compliance with requests to submit to hand restraints was excessive, see Hudson v. McMillian, 503 U.S. 1, 6-7 ,…