Thomas Edward Malone v. John Doe Fleming, Captain Wcc

Good Law
8 F.3d 28·1993 WL 385381·1993 U.S. App. LEXIS 34367
United States Court of Appeals for the Ninth CircuitSeptember 29, 199392-35326California566 words

Opinion

Opinion

8 F.3d 28 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas Edward MALONE, Plaintiff-Appellant, v. John Doe FLEMING, Captain WCC; et al., Defendants-Appellees. No. 92-35326. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Sept. 29, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Edward Malone, a Washington state prisoner, appeals pro se the district court's order granting summary judgment for defendants and dismissing his 42 U.S.C. § 1983 action. Malone claims that his constitutional rights were violated when he was subjected to a digital rectal probe search when he was transferred into the Intensive Management Unit ("IMU") at the Washington Corrections Center ("WCC"). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the grant of summary judgment. Hopkins v. Andaya, 958 F.2d 881, 884 (9th Cir.1992) (per curiam). If a reasonable prison official…

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