Salvador Magluta v. F.P. Sam Samples

238 F. App'x 458

Opinion

PER CURIAM:

Appellant/Plaintiff, Salvador Magluta, appeals the district court’s order granting summary judgment on his Bivens 1 action. After reviewing the record, reading the parties’ briefs, and having the benefit of oral argument, we first conclude that the evidence does not establish that the conditions of Magluta’s pretrial detention amounted to punishment, in violation of his Fifth Amendment substantive due process rights. Magluta posed a serious and legitimate security risk, and his detention was not an exaggerated response.

We conclude from the record, moreover, that, regardless of whether Magluta had a protected liberty interest, he received all the process he was due.

Accordingly, we affirm the district court’s grant of summary judgment.

AFFIRMED.

1 . Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).