Opinion
21-35398
06-29-2022
RAMON SAUL SILVA, Plaintiff-Appellant, v. CAMERON WALKER, Sergeant; JASON EDMOND, Officer; DANIEL MOLINA, Officer; BARRETT HORN, Defendants-Appellees.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court No. 2:19-cv-01294-RAJ for the Western District of Washington Richard A. Jones, District Judge, Presiding
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
MEMORANDUM
Ramon Saul Silva appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging excessive force and inadequate medical care after he was pepper sprayed during his pretrial detention. We have jurisdiction under 42 U.S.C. § 1291. We review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004). We affirm.
The district court properly granted summary judgment because Silva failed to raise a genuine dispute of material fact as to whether the use of the restraint board after the administration of pepper spray was objectively unreasonable given that Silva refused multiple offers from jail staff to decontaminate him and appeared unharmed. See Kingsley v. Hendrickson, 576 U.S. 389, 396-97 (2015) (to show excessive force under the Fourteenth Amendment, a pretrial detainee must show that the "force purposely or knowingly used against him was objectively unreasonable"); Gordon v. County of Orange, 888 F.3d 1118, 1124-25 (9th Cir. 2018) (setting forth the objective deliberate indifference standard for pre-trial detainees).
Silva's motion to strike the answering brief (Docket Entry No. 12) is denied.
Silva's motion for a ruling (Docket Entry No. 16) is denied as moot.
AFFIRMED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).