Summary
granting summary judgment in favor of correctional officer who pepper sprayed an inmate after he repeatedly refused to comply with orders to cease holding his blanket up to the cell door
Summary of this case from Savary v. TowleOpinion
No. 09-17378.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 4, 2010.
Joséph Deonn Home, Delano, CA, pro se.
Michael James Quinn, Deputy Attorney General, AGCA-Office of the California Attorney General, San Francisco, CA, for Defendants-Appellees.
Appeal from the United States District Court for the Northern District of California, Saundra B. Armstrong, District Judge, Presiding. D.C. No. 4:08-cv-O1387-SBA.
Before: WALLACE, HAWKINS and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The district court properly granted summary judgment on the excessive force claim because Joséph Deonn Home ("Home") failed to raise a triable issue as to whether prison guards acted "maliciously and sadistically for the very purpose of causing harm" by using pepper spray after Home repeatedly refused to comply with orders to cease holding his blanket up to the cell door. Hudson v. McMillian, 503 U.S. 1, 6, 112 S.Ct., 995, 117 L.Ed.2d 156 (1992) (citation and internal quotation marks omitted).
Home's remaining contentions are unpersuasive.