Young

Young v. Ogle

Good Law
171 F. App'x 651
United States Court of Appeals for the Ninth CircuitMarch 17, 2006No. 05-35581California278 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Rick A. Young appeals pro se from the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging constitutional violations stemming from his placement in and subsequent extraction from a holding cell. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, 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 Young’s excessive force claim because Young failed to raise a genuine issue of material fact regarding whether force was applied in a good faith effort to maintain or restore discipline or used maliciously to cause him harm. See Clement v. Gomez, 298 F.3d 898, 903 (9th Cir.2002) quoting Whitley v. Albers, 475 U.S. 312, 320-21 , 106 S.Ct. 1078 , 89 L.Ed.2d 251 (1986).

The district court properly granted summary judgment to defendants on Young’s deliberate indifference claims because Young provided no evidence to support his conclusory allegations. See Sprewell v. *653 Golden State Warriors, 266 F.3d 979 , 988 (9th Cir.2001) (this Court need not “accept as true allegations that…

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