Joseph Horne v. J. Rutledge

398 F. App'x 264

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 4, 2010
• Docket: 09-17378
• Status: Unpublished

Opinion

MEMORANDUM **

The district court properly granted summary judgment on the excessive force claim because Joseph Deonn Horne (“Horne”) 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 Horne 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).

Horne’s remaining contentions are unpersuasive.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.