Renteria

Renteria v. Williams

Good Law
340 F. App'x 382
United States Court of Appeals for the Ninth CircuitJuly 27, 2009No. 08-55696California628 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Renteria, a California state prisoner, appeals pro se from the district court’s summary judgment in favor of defendant Williams in his 42 U.S.C. § 1983 action alleging excessive force in connection with an incident whereby Williams sprayed him in the face with a cleaning chemical. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), *383 and may affirm on any basis supported by the record, Vestar Dev. II, LLC v. Gen. Dynamics Corp., 249 F.3d 958, 960 (9th Cir.2001). We affirm in part, vacate in paid, and remand for further proceedings.

The district court properly dismissed Renteria’s retaliation claim relating to the chemical spraying incident because his February 17, 2004 grievance concerning that incident did not indicate that Williams’s actions were retaliatory. See Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir.2009) (affirming dismissal for failure to exhaust prison remedies where inmate’s grievance failed to “alert[ ] the prison to the nature of the wrong for which redress [was] sought.”) (internal quotation marks omitted).

However, the record does not support the district court’s…

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