Diaz

Diaz v. Sanchez

Good Law
48 F. App'x 659
United States Court of Appeals for the Ninth CircuitOctober 10, 2002No. 01-17506; D.C. No. CV-99-06185-OWW(LJO)California282 words

Opinion

Lead Opinion

MEMORANDUM **

Mike Diaz, a California state prisoner, appeals pro se the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging violation of his Fourth, Eighth, and First Amendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Frost v. Symington, 197 F.3d 348, 353 (9th Cir.1999), and we affirm.

The district court properly granted summary judgment on Diaz’ excessive force claim because Diaz failed to raise a genuine issue of material fact as to whether prison officials applied force maliciously and sadistically for the purpose of causing harm rather than in a good-faith effort to restore discipline after Diaz instigated an altercation with an officer. See Jeffers v. Gomez, 267 F.3d 895, 899 (9th Cir.2001) (per curiam).

The district court properly granted summary judgment on Diaz’ Eighth Amendment claim because Diaz failed to raise a genuine issue of material fact as to whether prison officials acted with deliberate indifference to his health or safety when, on four occasions, he missed meals due to his disruptive conduct. See Frost v. Agrios, 152 F.3d 1124 , 1130 (9th Cir.1998).

The district court…

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