Bryant

Bryant v. Ochoa

Good Law
506 F. App'x 635
United States Court of Appeals for the Ninth CircuitOctober 10, 2012No. 11-55153California554 words

Opinion

lead Opinion

MEMORANDUM **

California state prisoner Stanford Paul Bryant appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 retaliation action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Brodheim v. Cry, 584 F.3d 1262, 1267 (9th Cir.2009), and we affirm as to defendants Bastida, Brown, Stanford, Hopper, McNair, Janda, Magnum, Ries, Carnes, Gonzales, Harmon, Ochoa, Mudra, Williams, Ryan, Romero, Barra, and Raske. We reverse and remand as to defendants Best, Olivarez, and Jiminez.

The district court properly granted summary judgment to defendants Bastida, *636 Brown, Stanford, Hopper, McNair, Janda, Magnum, Ries, Carnes, Gonzales, Harmon, Ochoa, Mudra, Williams, Ryan, Romero, Barra, and Raske. Bryant failed to demonstrate the existence of a genuine dispute of material fact as to whether those defendants’ actions were motivated by Bryant’s protected activity or served no legitimate penological goal. See Brodheim, 584 F.3d at 1269 n. 3 (setting forth the elements of a retaliation claim in the prison context); Bruce v. Ylst, 351 F.3d 1283, 1288 (9th Cir.2003) (to survive summary judgment, the prisoner must “put forth evidence of retaliatory…

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