John Farmer v. Dana Youhas

MEMORANDUM

John Wayne Farmer appeals pro se from the district court’s grant of summary judgment in favor of probation officer Dana Youhas in Farmer’s 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s decision to grant summary judgment, see Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

Farmer’s second amended complaint did not allege any Fourteenth Amendment claims based on allegations other than those contained in his claims asserting violations of his Fifth and Eighth Amendment rights. Moreover, Farmer’s claim that Yo-uhas deprived him of his right against self-incrimination is properly analyzed under the Fifth Amendment and not under the Fourteenth Amendment. See Graham v. Connor, 490 U.S. 386, 395 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) (holding that, where a constitutional provision “provides an explicit textual source of constitutional protection against this sort of physically intrusive governmental conduct, that Amendment, not the more generalized notion of ‘substantive due process,’ must be the guide for analyzing these claims”); see also Hall v. City of Los Angeles, 697 F.3d 1059, 1068…