Evans
Johnson v. Evans
Opinion
Lead Opinion
MEMORANDUM **
Robert Lee Johnson, a former California state prisoner, appeals pro se the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action alleging that a strip search and visual body cavity search violated his constitutional rights. We have *829 jurisdiction under 28 U.S.C. § 1291 . After de novo review, United States v. Alameda Gateway Ltd., 218 F.3d 1161 , 1164 (9th Cir.2000), we affirm.
The strip search and visual body cavity search did not violate the Fourth Amendment. See Michenfelder v. Sumner, 860 F.2d 328, 331-333 (9th Cir.1988). Furthermore, Evans’s use of crude language during the search did not violate the Eighth Amendment. See Somers v. Thurman, 109 F.3d 614, 622-24 (9th Cir.1997). Finally, Johnson failed to adduce evidence to create a disputed issue of material fact whether his back pain constituted a serious medical condition. See Doty v. County of Lassen, 37 F.3d 540, 546 (9th Cir.1994).
The district court properly denied Johnson’s summary judgment motion on his purported “right to privacy” claim because he alleged no such claim in his amended complaint. See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1291-94 (9th Cir.2000).