Ernesto Centeno v. David Wilson

MEMORANDUM

California state prisoner Ernesto Cen-teno appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his placement in “Contraband Surveillance Watch” (“CSW’). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Centeno’s excessive force claim because Centeno failed to raise a genuine dispute of material fact as to whether defendants acted maliciously or sadistically to cause harm when restraining him during his CSW confinement. See Hudson v. McMillian, 503 U.S. 1, 6-7 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992) (core judicial inquiry in determining excessive physical force in violation of Eighth Amendment is whether force was applied in good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm).

The district court properly granted summary judgment as to Centeno’s conditions of confinement claim because Centeno failed to raise a genuine dispute of material fact demonstrating that he suffered extreme deprivation…