Jefferson

Jefferson v. Helling

Good Law
324 F. App'x 612
United States Court of Appeals for the Ninth CircuitApril 27, 2009No. 08-16999California759 words

Opinion

Lead Opinion

MEMORANDUM **

Willie Lee Jefferson, a Nevada state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging Eighth and Fourteenth Amendment violations related to his temporary transfer to a mental health unit, his treatment there, and his subsequent transfer to Ely State Prison. 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 in part, reverse in part, and remand.

The district court properly granted summary judgment on Jefferson’s Eighth Amendment claim arising from his placement in four-point restraints because the undisputed evidence showed that Jefferson posed a threat to his own safety. See LeMaire v. Maass, 12 F.3d 1444, 1460 (9th Cir.1993) (finding no Eighth Amendment violation related to the use of four-point restraints to maintain security and safety).

The district court properly granted summary judgment on Jefferson’s due process claim challenging his transfer to Ely State Prison because prisoners generally have no protected liberty interest in being incarcerated at a particular prison. See Meachum v. Fano, 427 U.S.…

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