David W. Kenny v. George Foster, Lt. B.E. Arbsland M. Barton H. Morse M. Fenoglio

87 F.3d 1320 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David W. KENNY, Plaintiff-Appellant, v. George FOSTER, Lt.; B.E. Arbsland; M. Barton; H. Morse; M. Fenoglio, Defendants-Appellees. No. 95-15234. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 14, 1996. Before: CANBY, JOHN T. NOONAN, JR. and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner David Matthew Kenny appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action seeking damages for violations of his constitutional rights while he was a pretrial detainee at the Santa Cruz County jail. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, viewing the evidence in the light most favorable to Kenny. See White v. Roper, 901 F.2d 1501, 1503 (9th Cir.1990). We affirm. 3 * Background 4 Kenny was arrested on September 5, 1989 in Santa Cruz, California, and charged with burglary. He was in…