Gregory E. Shock v. Charles D. Marshall, and D. Kays, Officer

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gregory E. SHOCK, Plaintiff-Appellee, v. Charles D. MARSHALL, Defendant, and D. Kays, Officer, et al., Defendant-Appellant. No. 94-15466. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 8, 1994. Before: WRIGHT, BEEZER and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Kays, a state correctional officer, appeals the district court's order granting Shock, a prisoner, a preliminary injunction. Shock sued Kays under 42 U.S.C. Sec. 1983 alleging that Kays used excessive force. The injunction bars Kays from escorting Shock in the prison in any situation. We have jurisdiction under 28 U.S.C. Sec. 1292 (a)(1) and reverse and remand. 3 We review a preliminary injunction for abuse of discretion and reverse only if the district court based its decision on an erroneous legal standard or on clearly erroneous findings of fact. Miller v. California Pac. Medical Ctr., 19 F.3d 449 , 455 (9th…