Robert Town v. Alvin Fode

MEMORANDUM

Robert Town, a Montana state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the defendant used excessive force against him. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment because Town failed to raise a genuine dispute of material fact as to whether the alleged force was applied maliciously or sadistically to cause harm. See Hudson v. McMillian, 503 U.S. 1, 7 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992) (explaining that “the core judicial inquiry is ... whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm”).

Town s remaining contentions are unpersuasive.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.