Tarabochia

MEMORANDUM *

Loren Christopher Tarabochia, an Oregon state prisoner, obtained summary judgment against Oregon Department of Corrections employees, Peter J. Sturdevant, a hearings officer at the Eastern Oregon Correctional Institution, and Spencer A. Headley, a correctional lieutenant at the same facility (collectively, the Officers). The summary judgment was predicated upon their roles in disciplining Tarabochia for the abusive language contained in a grievance lodged by him against a female correctional officer, referred to throughout this proceeding as Officer Ness. We affirm.

(1) The Officers initially conceded that if Bradley v. Hall, 64 F.3d 1276 (9th Cir. 1995), was not effectively overruled by Shaw v. Murphy, 532 U.S. 223 , 121 S.Ct. 1478 , 149 L.Ed.2d 420 (2001) (Shaw II), it remains “good law” and they cannot prevail before a three-judge panel. We agree. In Bradley, 64 F.3d at 1278 , the prisoner was disciplined for a violation of the Oregon prison regulation which prohibits the direction of disrespectful language toward *754 or about another. 1 The same regulation was applied here with the same result. We are satisfied that regardless of the effect of Shaw II on…