Jefferson

Jefferson v. Cruse

Good Law
324 F. App'x 599
United States Court of Appeals for the Ninth CircuitApril 27, 2009No. 07-15573California320 words

Opinion

Lead Opinion

MEMORANDUM **

Willie Lee Jefferson, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendant violated the Eighth and Fourteenth Amendments by using a taser on him after he cut himself with a razor blade. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002), and we affirm.

The district court properly granted summary judgment on Jefferson’s Eighth Amendment claim because the undisputed facts demonstrate that defendant used the taser “to enforce discipline and security” and not “for the sole purpose of punishment or the infliction of pain.” Michenfelder v. Sumner, 860 F.2d 328, 336 (9th Cir.1988); see also Caliber One Indem. Co. v. Wade Cook Fin. Corp., 491 F.3d 1079, 1085 (9th Cir.2007) (“Summary judgment is appropriate where ... the undisputed evidence supports only one reasonable inference.”).

Summary judgment on Jefferson’s due process claim was proper because claims of excessive force brought under 42 U.S.C. § 1983 must be analyzed under the Fourth or Eighth Amendments, rather than under the more generalized notion of…

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