Cdcr

Jackson v. California Department of Corrections & Rehabilitation

Good Law
510 F. App'x 599
United States Court of Appeals for the Ninth CircuitFebruary 26, 201312-15880California762 words

Opinion

Opinion

MEMORANDUM

Fateem L. Jackson appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations arising out of cross-gender strip searches conducted at California Correctional Institution (“CCI”) in Tehachapi, California. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

This court reviews de novo a grant of summary judgment on the grounds of qualified immunity. McSherry v. City of Long Beach, 584 F.3d 1129, 1134 (9th Cir.2009). Summary judgment is appropriate if, when the evidence is viewed in the light most favorable to the non-moving party, there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Id. at 1135 . This court also reviews de novo a district court’s sua sponte dismissal for failure to state a claim. Barrett v. Belleque, 544 F.3d 1060, 1061 (9th Cir.2008). “Dismissal is proper when there is a lack of a cognizable legal theory to support a claim.” City of Arcadia v. EPA, 411 F.3d 1103 , 1106 n. 3 (9th Cir.2005) (internal quotation marks omitted). This court “may affirm on any ground supported by the record.” Serrano v. Francis, 345 F.3d 1071, 1076-77…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.