Powell

Powell v. Cook

Good Law
149 F. App'x 708
United States Court of Appeals for the Ninth CircuitSeptember 26, 2005No. 04-15851California295 words

Opinion

Lead Opinion

MEMORANDUM **

Norman Powell, an Oregon state prisoner, appeals pro se the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging that prison officials used excessive force against him. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dis *709 trict court’s grant of a motion for summary judgment, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam). We review for abuse of discretion discovery rulings, Simula, Inc. v. Autoliv, Inc., 175 F.3d 716 , 726 (9th Cir.1999), and the denial of a motion to reconsider, Fuller v. M.G. Jewelry, 950 F.2d 1437, 1441 (9th Cir. 1991). We affirm.

The district court properly granted summary judgment to defendants on Powell’s excessive force claim because Powell failed to raise a genuine issue of material fact as to whether defendant Cook applied force maliciously and sadistically to cause harm, rather than in a good-faith effort to restore discipline after Powell attempted to leave his cell in his underwear. See Clement v. Gomez, 298 F.3d 898, 903-04 (2002).

The district court did not abuse its discretion by denying Powell’s motion to reconsider because Powell did not…

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