Allen

Allen v. Bosley

Good Law
253 F. App'x 658
United States Court of Appeals for the Ninth CircuitNovember 2, 2007No. 06-16541California626 words

Opinion

Lead Opinion

MEMORANDUM **

Kevin Allen (Allen) is a California state prisoner at Pelican Bay State Prison. Allen appeals pro se the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action claiming prison officials violated his constitutional rights by using excessive force and acting with deliberate indifference to his serious medical needs when they used pepper spray while extracting another inmate from a nearby cell. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the grant of summary judgment de novo, Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004), and we affirm.

A. Excessive Force

The district court did not err in determining that Allen did not raise a triable issue on his Eighth Amendment excessive force claim. Excessive force directed at one prisoner that causes harm to another prisoner may establish a cause of action. See Clement v. Gomez, 298 F.3d 898 , 903 n. 3 (9th Cir.2002). Force, however, does not amount to a constitutional violation if it is “applied in a good faith effort to restore discipline and order and not ‘maliciously and sadistically for the very purpose of causing harm.’ ” Id., quoting Whitley v. Albers, 475 U.S. 312, 320-21 , 106…

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