Saulsberry

MEMORANDUM **

Cedric Saulsberry appeals the district court’s judgment, after a three-day bench trial, in his 42 U.S.C. § 1988 action alleging that his Fourth and Eighth Amendment rights were violated while he was in the custody of the Maricopa County Sheriffs Office. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court did not abuse its discretion in refusing to modify the pretrial order to permit Saulsberry to raise an Eighth Amendment claim. Saulsberry’s trial counsel waived that claim at the pretrial conference, and there was no “manifest injustice” in precluding Saulsberry from re-raising that claim because allowing him to raise it would have prejudiced the defendants and disrupted the orderly and efficient conduct of the case. See Byrd v. Guess, 137 F.3d 1126, 1132 (9th Cir.1998). Saulsberry’s claim that the defendants would not have been prejudiced because the factual proof would have been the same is unavailing; an Eighth Amendment claim requires an inquiry into the prison officials’ state of mind, see Jordan v. Gardner, 986 F.2d 1521, 1525, 1527 (9th Cir.1993) (en banc), while a Fourth Amendment claim does not. See Mendoza v. Block, 27 F.3d 1357,…