Menefield v. Brown

83 F.3d 428 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Wilburn MENEFIELD, Plaintiff-Appellant, Jerry Emanuel Pollard, Plaintiff, 1 v. F.A. BROWN, Lieutenant correctional officer; A. Hesse, Sergeant correctional officer; W. Marose, correctional officer; S. Ramirez, correctional officer; V.A. Pereira, Senior librarian, Defendants-Appellees. No. 94-16708. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 26, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James Wilburn Menefield, a California state prisoner, appeals pro se the district court's judgment, after a jury trial, in favor of defendants in his 42 U.S.C. § 1983 action alleging a retaliatory search of his cell. We have jurisdiction under 28 U.S.C. § 1281 and affirm. 3 Menefield contends that the district court's instruction concerning the elements of a retaliation claim improperly characterized plaintiff's burden of proof. 4 Where a…