Turner

Turner v. Terry

Good Law
58 F. App'x 324
United States Court of Appeals for the Ninth CircuitMarch 6, 2003No. 01-17289; D.C. No. CV-00-00018-SMMCalifornia342 words

Opinion

Lead Opinion

MEMORANDUM **

In this prisoner suit brought under 42 U.S.C. § 1983 , Nathaniel Turner alleges *325 (1) that Masterson and Terry retaliated against him concerning the loss of his stereo, (2) that Masterson violated due process in seizing his stereo, and (3) that Kirkham cruelly and unusually punished him by applying handcuffs that were too small. The district court dismissed all claims against Masterson and Terry and granted summary judgment for Kirkham. We affirm the district court’s dismissal of the claims against Masterson and Terry. We reverse the district court’s grant of summary judgment for Kirkham.

As the parties are familiar with the facts, we recite them only as necessary. We review de novo the district court’s dismissal under 28 U.S.C. § 1915A of the claims against Masterson and Terry. See Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). The retaliation claims properly were dismissed because Turner failed to allege that the retaliatory actions advanced no legitimate penological goal. See Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994). The due process claims were properly dismissed because Turner has an adequate post-deprivation remedy under Arizona law. See…

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