Darryl Scott Tunstall v. John M. Beck

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darryl Scott TUNSTALL, Plaintiff-Appellant, v. John M. BECK, Defendant-Appellee. No. 94-17014. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 22, 1995. 1 Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges 2 MEMORANDUM ** 3 California state prisoner Darryl Tunstall brought a civil rights action against John Beck, a former corrections officer, alleging that (1) his eighth amendment rights were violated when Beck subdued him with excessive physical force after an argument; and, (2) his due process rights were violated when Beck filed false disciplinary charges which resulted in Tunstall's placement in segregation pending resolution of the charges. He appeals pro se the district court's grant of summary judgment on both claims. We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm in part and reverse in part. 4 The incident giving rise to Tunstall's claims began when…