Vaccaro

Vaccaro v. Dobre

Good Law
27 F. App'x 887
United States Court of Appeals for the Ninth CircuitDecember 14, 2001No. 00-17244; D.C. No CV-92-00855-DWHCalifornia409 words

Opinion

Lead Opinion

MEMORANDUM **

*888 Appellant (Vaccaro) appeals from 1) a grant of summary judgment in favor of Appellees Dobre, Krupp, and Rolfs disposing of all claims against them, 2) a grant of summary judgment in favor of Appellees Biggs and Torix disposing of claims against them arising from the incident of January 23, 1991, and 3) the judgment of the district court, after bench trial, in favor of Appellees Biggs and Torix disposing of all remaining claims against them. Vacca-ro also appeals the denial of his writ of habeas corpus ad testificandum. We have jurisdiction pursuant to 28 U.S.C. § 191 . We affirm.

Vaccaro alleges that on four occasions, while he was a prisoner at Federal Prison Camp Nellis, Appellees required him to do heavy lifting. He alleges that Appellees violated his Fifth and Eighth Amendment rights because he was medically restricted from heavy lifting at the relevant times and suffered injury as a result of the lifting.

As to the alleged incident of April 15, 1990 involving Krupp and Rolfs, the alleged incident of June 1, 1990 involving Dobre, and the alleged incident of January 23, 1991 involving Biggs and Torix, the district court correctly granted summary judgment…

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