Andrew John Walker v. George W. Sumner John v. Ignacio Lt. Mile E. Long Sgt. P.C. Johnstone H.L. Whitley

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andrew John WALKER, Plaintiff-Appellant, v. George W. SUMNER; John V. Ignacio; Lt. Mile E. Long; Sgt. P.C. Johnstone; H.L. Whitley, Defendants-Appellees. No. 92-15297. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1992. * Decided Oct. 6, 1993. 1 Before: HUG and LEAVY, Circuit Judges, and REAL, ** District Judge. 2 MEMORANDUM *** 3 In 1986, Andrew John Walker filed a complaint pursuant to 42 U.S.C. § 1983 (1982), alleging that his constitutional rights were violated when state prison guards forced him to submit to a blood test for AIDs by threatening to shoot him with a taser gun. Walker moved for summary judgment in 1991 after we reversed and remanded the district court's earlier grant of summary judgment in favor of the appellees. Walker v. Sumner, 917 F.2d 382 (9th Cir.1990). Our decision to reverse was based on the fact that the state prison officials failed to show a legitimate…