Eccleston
Eccleston v. OREGON ex rel. Oregon Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
Sebastian Eccleston appeals pro se from the district court’s summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action alleging that Oregon prison officials violated his 8th and 14th Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir.1997), and may affirm on any ground supported by the record, Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir.1995) (per curiam). We affirm.
The district court properly granted summary judgment on Eccleston’s procedural due process claims arising from his placement in administrative segregation because he had no liberty interest in remaining free from such placement. See May v. Baldwin, 109 F.3d 557, 565 (9th Cir.1997).
The district court properly granted summary judgment on Eccleston’s claim that prison officials were deliberately indifferent to his safety when they used a chemical agent to extract him from his cell because Eccleston did not establish that he had a respiratory condition, see Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994), or that he…