Michael Smith v. Willie Perez

26 F.3d 132 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael SMITH, Plaintiff-Appellant, v. Willie PEREZ, Defendant-Appellee. No. 93-16993. United States Court of Appeals, Ninth Circuit. Submitted May 18, 1994. * Decided June 3, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael Smith, a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of defendant Senior Correctional Officer William Perez in Smith's 42 U.S.C. Sec. 1983 civil rights action. Smith contends that Officer Perez violated Smith's eighth amendment right to be free from cruel and unusual punishment and his right to due process when he fired a blank shotgun round to quell a fight that Smith admittedly instigated. We affirm. 3 Prison officers are entitled to discretion in their decisions to take appropriate action in pursuit of the legitimate penological objectives of discipline and control. See Wolff v. McDonnell, 418 U.S. 539, 561-63…