Wesley Batten v. Shasta County Board of Supervi

Good Law
489 F. App'x 174
United States Court of Appeals for the Ninth CircuitNovember 21, 201211-17444California376 words

Opinion

Opinion

MEMORANDUM

Wesley C. Batten appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations while he was confined in Shasta County Jail awaiting civil commitment proceedings pursuant to California’s Sexually Violent Predator Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Batten’s strip search claim because Batten failed to raise a genuine dispute of material fact as to whether the strip search was done with an “expressed intent to punish” or was “not reasonably related to a legitimate goal[.]” Bell v. Wolfish, 441 U.S. 520, 538-39 , 99 S.Ct. 1861 , 60 L.Ed.2d 447 (1979); cf. Bull v. City & County of San Francisco, 595 F.3d 964, 982 (9th Cir.2010) (en banc) (upholding a policy requiring strip searches of all arrestees classified for custodial housing in the general population, “notwithstanding the lack of individualized reasonable suspicion as to the individuals searched”).

The district court properly granted summary judgment on Batten’s claims concerning mail and telephone use…

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