Earl v. Thompson

103 F.3d 138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George EARL, Plaintiff-Appellant, v. S.F. THOMPSON, Superintendent, Oregon State Penitentiary; D. Heppner, O.S.P. Captain; E. McLauchlin, Correctional Officer Oregon State Penitentiary; Nick Armenakis, Assistant Supt. Security, Oregon State Penitentiary, Defendants-Appellees. No. 96-35275. United States Court of Appeals, Ninth Circuit. Submitted Nov. 18, 1996. * Decided Nov. 20, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Oregon state prisoner George Earl appeals pro se the district court's summary judgment in Earl's 42 U.S.C. § 1983 action alleging that defendants violated his due process and Eighth Amendment rights by placing Earl in disciplinary segregation without a pre-placement hearing and by failing to give Earl his asthma medication when he was in segregated confinement. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district…