Maylender

Maylender v. Prison Health Services, Inc.

Good Law
64 F. App'x 609
United States Court of Appeals for the Ninth CircuitApril 21, 2003No. 02-35338; D.C. No. CV-00-01010-AACalifornia609 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Rickey J. Maylender appeals pro se the district court’s partial dismissal and partial summary judgment in his 42 U.S.C. § 1983 action alleging various constitutional violations occurred while he was an inmate at Washington County Jail. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment. Barnett v. Centoni 31 F.3d 813, 815 (9th Cir.1994) (per curiam). We affirm.

The district court properly granted summary judgment on Maylender’s claim that he was improperly classified as “8-Max” because a prisoner does not have a constitutional right to a particular security classification. See Moody v. Daggett, 429 U.S. 78 , 88 n. 9, 97 S.Ct. 274 , 50 L.Ed.2d 236 (1976).

The district court properly granted summary judgment on his claims involving restrictions on opportunities to shower, engage in outdoor exercise, attend group services and use a pay phone in administrative segregation, because Maylender failed to rebut the prison’s legitimate penological reason for its actions based on Maylender’s history of attempted escape, see Turner v. Safley, 482 U.S. 78, 89-91 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987), and…

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