Howard

Howard v. Cooney

Good Law
155 F. App'x 321
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-35953California299 words

Opinion

Lead Opinion

MEMORANDUM **

Clayton Lamont Howard, an Oregon state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action seeking declaratory and injunctive relief against prison officials. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and review for abuse of discretion the denial of preliminary injunctive relief, Johnson v. California State Bd. Of Accountancy, 72 F.3d 1427, 1429 (9th Cir.1995). We affirm.

The district court properly granted summary judgment for defendants because Howard failed to raise a genuine issue of material fact as to whether any of the defendants violated Howard’s constitutional rights while investigating his possible involvement in a drug smuggling conspiracy violated Howard’s constitutional rights. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).

The district court did not abuse its…

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