Buckley

Buckley v. Presley

Good Law
163 F. App'x 550
United States Court of Appeals for the Ninth CircuitJanuary 17, 2006No. 04-16576; D.C. No. CV-00-01486-LKKCalifornia935 words

Opinion

Lead Opinion

MEMORANDUM *

California inmate Antonio Cortez Buckley filed suit under 42 U.S.C. § 1983 against several institutional Defendants alleging violations of his constitutional rights. The district court granted Defendants’ motion for summary judgment, and Buckley appeals on three issues. First, that Buckley was denied his First Amendment right to freely exercise his religion when correctional officers confiscated one of his Jewish prayer shawls. Second, that Buckley was subjected to cruel and unusual conditions in violation of the Eighth Amendment when he was forced to stand in a small holding “cage” for eleven hours without clothing, water, or medical attention. And third, that the officers who confiscated Buckley’s prayer shawl and who held him in unconstitutional conditions did so in retaliation for grievances he earlier filed. We have jurisdiction pursuant to 28 U.S.C. § 1292 , and we affirm in part and reverse and remand in part.

‘We review de novo a district court grant of summary judgment.” San Jose Christian Coll. v. City of Morgan Hill, 360 F.3d 1024 , 1029 (9th Cir.2004) (internal quotation omitted). We will affirm “only if the evidence, read in the light most favorable to…

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