Watts

Watts v. Runnels

Good Law
302 F. App'x 652
United States Court of Appeals for the Ninth CircuitDecember 2, 2008No. 07-16891California316 words

Opinion

lead Opinion

MEMORANDUM **

Darryl Bernard Watts, a California state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging violations of the Eighth and Fourteenth Amendments. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment to defendants on Watts’ due process claim because he failed to raise a triable issue as to whether the prison lockdown imposed an “atypical and significant hardship on [him] in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995).

The district court properly granted summary judgment to defendants on Watts’ Eighth Amendment claim because Watts failed to raise a triable issue as to whether the restriction on outdoor yard privileges during the lockdowns was warranted by disciplinary needs. See Hoptowit v. Ray, 682 F.2d 1237, 1259 (9th Cir.1982) (stating that in emergency situa *654 tions such as lockdowns, prison officials may restrict outdoor exercise on the basis of disciplinary needs,…

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