Bayer

Butler v. Bayer

Good Law
63 F. App'x 298
United States Court of Appeals for the Ninth CircuitApril 8, 2003No. 02-15376California389 words

Opinion

Lead Opinion

*299 MEMORANDUM *

George Butler appeals the district court’s grant of summary judgment dismissing his 42 U.S.C. § 1983 action against prison officials for failing to protect him from a severe beating at the hands of other inmates and for failing to provide medical treatment after his release from prison. We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 and, after de novo review, we affirm.

The district court held both that the defendants were entitled to qualified immunity and that the defendants’ conduct did not deprive Butler of any constitutional rights. However, the court did not apply the qualified immunity analysis adopted in Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). In Saucier, the Supreme Court held that “[a] court required to rule upon the qualified immunity issue must consider ... this threshold question: Taken in the light most favorable to the party asserting the injury, do the facts alleged show that the officer’s conduct violated a constitutional right?” Id. at 201. If there would be no constitutional violation even were the allegations taken as true, then “there is no necessity for further inquiries concerning…

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