Ronald Paul Clark v. Craig Kley John McSwain Whatcom County

33 F.3d 58 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald Paul CLARK, Plaintiff-Appellant, v. Craig KLEY; John McSwain; Whatcom County, Defendants-Appellees. No. 93-35593. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 25, 1994. Before: WALLACE, Chief Judge; HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff Ronald Paul Clark appeals from the jury verdict in his 42 U.S.C. Sec. 1983 suit against prison officials. We affirm. I. 3 On October 13, 1985, Clark was incarcerated in the Whatcom County jail in Bellingham, Washington. Defendant Kraig Clay, a guard, shackled Clark in order to take him to the visiting area. Clark resisted the move. Clay and defendant John McSwain, another guard, took Clark's arms and began to move him. Clark fell and suffered a head injury. He was taken to a hospital emergency room, where he was treated, released, and returned to jail. 4 On October 16, 1987, Clark filed a pro se complaint against…