Brown

Brown v. Lithel

Good Law
145 F. App'x 198
United States Court of Appeals for the Ninth CircuitAugust 5, 2005No. 04-35341California585 words

Opinion

Lead Opinion

*200 MEMORANDUM **

Washington state prisoner Gregory Tyree Brown appeals pro se the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging violations of the First, Eighth and Fourteenth Amendments. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment to defendants on Brown’s retaliation claims because Brown failed to raise a genuine issue of material fact for trial that defendants’ actions did not advance legitimate penological goals. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005); Sanchez v. Vild, 891 F.2d 240, 242 , (9th Cir.1989) (explaining that prisoner must present triable issues of fact to overcome summary judgment motion).

The district court properly granted summary judgment to defendants on Brown’s equal protection claims because Brown failed to show that he was a member of a protected class and that defendants discriminated against him on the basis of that class. See Lee v. City of Los Angeles, 250 F.3d 668,…

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