Keith Brown v. Jeff Jayne
Opinion
Opinion
MEMORANDUM
Idaho state prisoner Keith A. Brown appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging civil rights violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to exhaust administrative remedies, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and summary-judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.
The district court properly granted summary judgment on Brown’s excessive force claim because Brown failed to establish a genuine dispute of material fact as to whether Officer Jayne’s use of force was minimal and objectively reasonable under the circumstances. See Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) (“Not every push or shove ... violates the Fourth Amendment.” (citation omitted)).
The district court properly granted summary judgment on Brown’s First Amendment retaliation claim because Brown failed to establish a genuine dispute of material fact as to retaliatory motive. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005).