Everett
Everett v. Witcher
Opinion
Lead Opinion
*154 MEMORANDUM **
Ronald Everett, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by conducting an anal cavity search pursuant to a search warrant and subsequently placing him into administrative segregation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo both a district court’s dismissal for failure to state a claim and summary judgment. See Barnett v. Centoni 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam). We affirm.
The district court properly granted summary judgment on Everett’s Fourth Amendment claim because the anal cavity search was conducted upon reasonable suspicion that Everett was involved in drug trafficking, see Vaughan v. Ricketts, 950 F.2d 1464, 1469-70 (9th Cir. 1991), and because the search was related to the legitimate penological goal of maintaining a drug-free prison facility, see Tribble v. Gardner, 860 F.2d 321, 325 (9th Cir.1988). In addition, the district court properly concluded that Everett failed to refute Witcher’s evidence that the search was performed by medical personnel in a professional…