Parham

Parham v. Multnomah County

Good Law
201 F. App'x 452
United States Court of Appeals for the Ninth CircuitSeptember 13, 2006No. 05-35138California307 words

Opinion

Lead Opinion

MEMORANDUM **

Oregon state prisoner Billy James Par-ham appeals pro se from the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging Eighth and Fourteenth Amendment violations associated with restricted access to legal materials during his confinement in disciplinary segregation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam), and we affirm.

Contrary to Parham’s contention, actual injury is a jurisdictional requirement for an access to courts claim and may not be waived. See Lewis v. Casey, 518 U.S. 343, 349 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996). The district court properly granted summary judgment on Parham’s claim regarding the restrictions on his access to the law library and its materials while he was housed in disciplinary segregation because Parham failed to demonstrate that the restricted access actually hindered his ability to pursue his legal claims in the courts. See id.

*453 The district court properly granted summary judgment on Parham’s equal protection claim because Parham failed to show that he was a member of a protected class…

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