Jensen

MEMORANDUM **

Duane Jensen, a corrections officer employed by the Las Vegas Metropolitan Police Department (“LVMPD”), appeals from two orders of the district court: the first, striking one of his exhibits and granting summary judgment to the defendants; the second, awarding the defendants $10,000 in attorneys’ fees pursuant to 42 U.S.C. § 1988 . We affirm the first, but reverse the second.

Jensen brought suit against the LVMPD and Sargeant Patrick Kelly under § 1983 for retaliation in violation of the First Amendment. He also asserted several state law claims. Jensen alleges that, because he helped an inmate file a complaint against two corrections officers who reportedly attacked another inmate with pepper spray, the defendants retaliated against him by subjecting him to a baseless Internal Affairs investigation, denying him overtime, and giving him less desirable work assignments.

The district court’s grant of summary judgment is reviewed de novo. See Video Software Dealers Ass’n v. Schwarzenegger, 556 F.3d 950, 956 (9th Cir.2009). We must determine, viewing the evidence in the light most favorable to the plaintiff, whether there are any genuine issues of material fact…