Odoc

Tyson v. Oregon Department of Corrections

Good Law
483 F. App'x 347
United States Court of Appeals for the Ninth CircuitSeptember 14, 201211-35358California534 words

Opinion

Opinion

Jesse Tyson, Jr., an Oregon state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force, malicious prosecution, a conspiracy, and state tort law claims arising from a prison altercation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment for defendant Williams because Tyson failed to raise a genuine dispute of material fact as to whether Williams personally participated in any constitutional deprivation. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (no respondeat superior liability under § 1983; plaintiff must show personal involvement in violations).

The district court properly granted the remaining individual defendants qualified immunity at summary judgment on the excessive force claim because Tyson failed to raise a genuine dispute of material fact as to whether the defendants acted with the requisite “malice” and “sadism” for the purpose of causing him harm, rather than with a good faith purpose to restore discipline. See Whitley v. Albers, 475 U.S. 312, 321-22 ,…

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