Jason Sonntag v. Dennis Balaam

MEMORANDUM

Jason Eric Sonntag appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants used excessive force against him and violated his constitutional rights by subjecting him to a strip search while he was a pretrial detainee. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Gibson v. County of Washoe, N ev., 290 F.3d 1175, 1180 (9th Cir.2002). We affirm.

The district court properly granted summary judgment on Sonntag’s excessive force claim because Sonntag failed to raise a genuine dispute of material fact as to whether the force used to transfer him to administrative segregation and the threatened use of a taser were unreasonable or amounted to punishment. See id. at 1197 (Fourteenth Amendment protects a pretrial detainee from excessive force that is unreasonable or amounts to punishment); see also Byrd v. Maricopa Cnty. Sheriffs Dep’t, 629 F.3d 1135, 1140 (9th Cir.2011) (en banc) (search of pretrial detainee due to security concerns, including suspicion of contraband, did not violate due process because it was related to legitimate goals and was not intended to punish); Michenfelder v. Sumner, 860 F.2d…