Robert Hackworth, Jr. v. H. German

MEMORANDUM

Robert Hackworth, Jr., a California state prisoner, appeals pro se from the district court’s summary judgment and judgment following a jury verdict in his 42 U.S.C. § 1983 action alleging excessive force and due process violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989), and for an abuse of discretion its supervision of jury trials, Price v. Kramer, 200 F.3d 1237, 1252 (9th Cir.2000). We affirm.

The district court properly granted summary judgment on Hackworth’s due process claim because Hackworth failed to raise a genuine dispute of material fact as to whether he suffered any deprivation of a liberty interest. See Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995); see also Taylor, 880 F.2d at 1045 (unsupported conclusory allegations insufficient to defeat summary judgment).

Contrary to Hackworth’s contentions, the district court judge did not abuse its broad discretion in supervising the jury trial. See Price, 200 F.3d at 1252 (“A judge’s participation during trial warrants reversal only if the record shows actual…