Hines

*267 OPINION

Gary Dale Hines, a death row inmate, brought this action under 42 U.S.C. § 1983 against various prison officials employed by the San Quentin State Prison in California. Hines alleges, inter alia, that Steven Pearson, a prison guard, falsely charged him with a rule violation and that Stephen Szmaciarz, a hearing officer, falsely found Hines guilty of the infraction. Hines maintains that both officials acted in retaliation for his prior use of the prison grievance system. 1 The parties agreed to try the case before a magistrate judge. A jury found for Hines against Pearson and Szmaciarz. 2 The magistrate judge then granted Szmaciarz’s post verdict motion for judgment as a matter of law but denied Pearson’s post trial motions. Pearson appeals the magistrate judge’s post trial decision and Hines cross-appeals the grant of Szmaciarz’s motion. We affirm.

BACKGROUND

On January 19, 1992, Officer Pearson was escorting Hines back to his cell after Hines had his morning shower. Hines wore only his boxer shorts with his hands cuffed behind his back. Pearson was holding the very short chain that connected the cuffs. Nonetheless, Pearson reported Hines stopped tó receive some…