Nick Mennick v. J. Smith

MEMORANDUM

Idaho state prisoner Nick Bradley Men-nick appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging due process, Eighth Amendment, and retaliation claims in connection with his confinement in administrative segregation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and may affirm on any ground supported by the record. Corales v. Bennett, 567 F.3d 554, 562 (9th Cir.2009). We affirm.

The district court properly granted summary judgment on Mennick’s claim that his confinement in administrative segregation violated his due process rights because, even assuming that there was a liberty interest at stake, prison officials afforded Neal all the process he was due under the Fourteenth Amendment. See Toussaint v. McCarthy, 801 F.2d 1080, 1100-01, 1104 (9th Cir.1986), abrogated in part on other grounds by Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995).

The district court properly granted summary judgment on Mennick’s Eighth Amendment claim because Mennick failed to raise a genuine dispute of material fact as to whether his continued confinement in administrative segregation placed him at…