Wilson

Wilson v. Pima County Jail

Good Law
256 F. App'x 949
United States Court of Appeals for the Ninth CircuitNovember 27, 2007No. 05-16081California471 words

Opinion

Lead Opinion

MEMORANDUM **

Arizona state prisoner Demetrius A. Wilson appeals pro se from the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action alleging jail officials interfered with his religious practices. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissal of a complaint under 28 U.S.C. § 1915A for failure to state a claim, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and a district court’s grant of summary judgment, Mor rison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

The district court properly dismissed Wilson’s claim of retaliation by Officer Lamoreaux because Wilson failed to allege in his second amended complaint that Lamoreaux’s action did not advance a legitimate penological goal. See Rhodes v. Robinson, 408 F.3d 559, 567 (9th Cir.2005) (indicating elements of First Amendment retaliation claim are not satisfied when there is a legitimate correctional goal for action taken).

The district court properly dismissed Wilson’s claims that he was threatened and verbally abused as insufficient to state a constitutional claim under 42 U.S.C. § 1983 . See Keenan v. Hall, 83 F.3d 1083, 1092 (9th Cir.1996) (holding vulgar…

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.