Bocca

Reo Boren v. Bocca

Good Law
481 F. App'x 396
United States Court of Appeals for the Ninth CircuitSeptember 25, 201211-15990, 11-16070California410 words

Opinion

Opinion

MEMORANDUM

In these consolidated appeals, former Nevada state prisoner Reo Boren appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging excessive force, conspiracy, and unconstitutional conditions-of-confinement claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004) (summary judgment); Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (dismissal for failure to exhaust); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)). We affirm.

The district court properly granted summary judgment on Boren’s excessive force claim because Boren failed to raise a genuine dispute of material fact as to whether defendants acted maliciously or sadistically to cause harm when restraining him during the July 5, 2007 incident, or escorting him to the infirmary afterwards. 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…

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