Richard Turay v. Kelly Cunningham

MEMORANDUM

Richard Garrett Turay, an involuntarily committed resident of Washington’s Special Commitment Center (“SCC”), appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging violations of the First Amendment, Eighth Amendment, Fourteenth Amendment, and the United Nations Convention Against Torture. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Dietrich v. John Ascuaga’s Nugget, 548 F.3d 892, 896 (9th Cir.2008), and we affirm.

The district court properly granted summary judgment on Turay’s First Amendment retaliation claim because Turay failed to raise a genuine dispute of material fact as to whether defendants’ conduct was based on a retaliatory motive. See Rhodes v. Robinson, 408 F.3d 559, 567 (9th Cir.2005) (plaintiffs must establish that an adverse action was taken “because of’ their protected conduct).

The district court properly granted summary judgment on Turay’s equal protection claim because Turay failed to raise a genuine dispute of material fact as to whether he was treated differently from other similarly situated individuals. See Thornton v. City of St. Helens, 425 F.3d 1158, 1167 (9th Cir.2005)…