James Mathews v. County of Butte

MEMORANDUM

James Lee Mathews appeals the district court’s grant of summary judgment to Butte County, and employees of the Butte County Jail (“Jail”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

As an initial matter, the district court did not abuse its discretion in excluding several untimely declarations pursuant to Federal Rule of Civil Procedure 87(c)(1). Given Mathews’ failure to oppose the Motion to Strike the declarations, it was reasonable for the district court to conclude that Mathews did not disclose the declar-ants’ identities pursuant to Rule 26 and that this omission was not substantially justified or harmless. Id.

The district court properly granted summary judgment. First, Mathews has not adduced evidence from which a jury could conclude that Deputy Engasser’s use of force amounted to punishment in violation of the Due Process Clause of the Fourteenth Amendment. It is undisputed that Mathews refused to obey Engasser’s commands four times in a row. Moreover, although Engasser initially threatened to use mace, he promptly put it away. Even when taking the facts in the light most favorable to Mathews, no jury could find that Engasser acted…