Waymon M. Berry v. William J. Bunnell

Berry appeals pro se the district court’s grant of the prison officials’ motion for a directed verdict in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review de novo a grant of a directed verdict. Zamalloa v. Hart, 31 F.3d 911, 913 (9th Cir.1994). A directed verdict is proper when the evidence permits only one reasonable conclusion. Id. The evidence must be viewed in the light most favorable to the nonmoving party, and all reasonable inferences must be drawn in favor of that party. Id.

At trial Berry argued that the prison officials violated his Eighth and Thirteenth Amendment rights when they required him to work one extra eight-hour shift as a clerk. Yet the Eighth Amendment does not apply unless prisoners are compelled to perform physical labor which is beyond their strength, endangers their lives or health, or causes undue pain. Howard v. King, 707 F.2d 215, 219 (5th Cir.1983); Ray v. Mabry, 556 F.2d 881, 882 (8th Cir.1977); see also Woodall v. Partilla, 581 F.Supp. 1066, 1077 (N.D.Ill.1984) (merely forcing prisoner to work 16 to 18 hours per day did not violate his Eighth Amendment rights). And the Thirteenth Amendment does not…