Gaston

Gaston v. Pleasant Valley State Prison

Good Law
250 F. App'x 783
United States Court of Appeals for the Ninth CircuitOctober 5, 2007No. 05-15822California422 words

Opinion

Lead Opinion

MEMORANDUM **

Anthony Gaston appeals pro se from the district court’s judgment entered after a jury verdict for defendants in Gaston’s action alleging constitutional violations stemming from sexual misconduct by an attending prison physician. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the dismissal of a claim under Fed. R.Civ.P. 12(b). Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004). We review evidentiary rulings for abuse of discretion. Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004). We affirm.

The district court did not err in dismissing Gaston’s First Amendment retaliation claim as his placement in administrative segregation served the prison’s legitimate goal of assuring Gaston’s security and the integrity of the investigation of his claims against Dr. Huang. See Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam) (preserving institutional order, discipline, and security are legitimate penological goals).

The district court did not err in dismissing Gaston’s right of access to court claim as Gaston did not allege that he suffered an “actual injury” for purposes of standing. See Lewis v. Casey, 518 U.S.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.