Andre Schoka v. Vince G. Swinney

53 F.3d 340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andre SCHOKA, Plaintiff-Appellant, v. Vince G. SWINNEY, Defendant-Appellee. No. 94-16733. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 28, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Andre Schoka, a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of Doug Albro, a deputy sheriff, in Schoka's 42 U.S.C. Sec. 1983 action alleging that Albro used excessive force when he assaulted Schoka while escorting Albro to a courtroom in connection with proceedings on state criminal charges. Schoka asserts that Albro caused a 1 1/2 inch cut on Schoka's hand after Schoka did not comply with an instruction by Albro, which Schoka did not understand. We review de novo, In re Kroy (Europe) Ltd., 27 F.3d 367 (9th Cir.1994), and we affirm. 3 The Eighth Amendment's prohibition of cruel and unusual punishment necessarily…