Brady
Brady v. McMahon
Opinion
Lead Opinion
MEMORANDUM **
Willie Fred Brady, a California state prisoner, appeals pro se the summary *582 judgment of the district court dismissing his civil rights action regarding prison conditions. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, and reverse and remand in part.
We review summary judgment de novo. Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam). The district court erred by finding that Brady had not proffered evidence to support his allegation of retaliation for exercising his right to file a grievance. Because requiring Brady to sign the additional form in support of his allegation of staff misconduct in his grievance did not advance a legitimate penological goal, the district court erred by dismissing the retaliation claim. Cf. id. at 816 . We reverse and remand for further proceedings on this claim.
Because a prisoner has no due process right to call witnesses at a disciplinary hearing, the district court properly dismissed this claim. See Toussaint v. McCarthy, 801 F.2d 1080, 1100-01 (9th Cir.1986). Because Brady failed to show that he was actually injured as a result of defendants’ alleged denial of access to the courts or…