Sundquist

Sundquist v. Philp

Good Law
346 F. App'x 143
United States Court of Appeals for the Ninth CircuitJuly 30, 2009No. 08-15930California545 words

Opinion

Lead Opinion

MEMORANDUM **

John Thomas Sundquist, a civil detainee, appeals pro se from the summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his Fourteenth Amendment due process rights by transporting and temporarily housing him with criminal detainees (i.e., criminal pretrial detainees, prisoners, or both), and his Fourth Amendment rights by subjecting him to a strip search that included a visual body cavity search. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a summary judgment. Aguilera v. Baca, 510 F.3d 1161, 1167 (9th Cir.2007). We affirm.

The district court properly entered summary judgment on Sundquist’s claim that defendant Transcor violated his due process rights by transporting him with criminal detainees because Sundquist failed to demonstrate a triable issue as to whether the conditions of his transportation were excessive in relation to the legitimate, non-punitive interests of Transcor and the government in safety and effective management of its transportation services. See Jones v. Blanas, 393 F.3d 918, 932-35 (9th Cir.2004) (describing applicable legal standard).

The district court properly entered summary judgment on…

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