Chappelle

Chappelle v. California Department of Corrections

Good Law
18 F. App'x 562
United States Court of Appeals for the Ninth CircuitAugust 30, 2001No. 00-56831; D.C. No. CV-97-07451-WMBCalifornia443 words

Opinion

Lead Opinion

MEMORANDUM **

Romaine Chappelle, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging the use of excessive force in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir.1997). We affirm in part, and vacate and remand in part.

To defeat summary judgment, Chappelle needed to raise a triable issue as to whether defendants used excessive force, which is established by considering “the extent of injury ..., the need for application of force, the relationship between that need and the amount of force used, the threat ‘reasonably perceived by the responsible officials,’ and ‘any efforts made to temper the severity of a forceful response.’ ” Hudson v. McMillian, 503 U.S. 1, 7 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992). The district court was required to view the evidence in a light most favorable to Chappelle and to draw all reasonable inferences in Chappelle’s favor. See Freeman, 125 F.3d at 735 ; May v. Baldwin, 109 F.3d 557, 560 (9th Cir.1997).

Upon our review of the record, we agree with the district…

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