Valandingham v. Bojorquez

866 F.2d 1135, 1989 WL 5573
Court of Appeals for the Ninth Circuit·Decided January 30, 1989·No. No. 87-1926·Published·Cited by 321 cases

Opinion

PREGERSON, Circuit Judge:

Appellant Valandingham, a prisoner in custody of the Arizona Department of Corrections, brought a § 1983 civil rights action against various employees of the Department in which he alleged that because he had petitioned prison and government officials for redress of his grievances, prison officers S.G. Bojorquez and Randy Moen had conspired to label Valandingham a “snitch” and thereby subject him to life-threatening retaliation by fellow inmates. C.R. 1 at 3-6. Valandingham also alleged that he had been denied legal materials; prohibited from communicating with other prisoners in the prison law library; threatened with disciplinary action if he discussed legal matters with other prisoners; and threatened with disciplinary action if he provided affidavits to or received affidavits from other prisoners. Id. at 6. Finally, he alleged that the Warden (Lloyd Bramlett), the Assistant Deputy Warden (Jim Adams), and the Major (Frank Terry), had conspired with Moen and Bojorquez to label Valand-ingham a “snitch” in retaliation for his legal endeavors on behalf of himself and other prisoners. Id. at 7.

Defendants moved to dismiss Valanding-ham’s complaint. The district court ordered that defendants’ motion to dismiss be treated as a motion for summary judgment, and on February 27, 1987 entered an Order dismissing the action. C.R. 28.

The district court’s Order stated: “For all the reasons set forth in defendants’ motion to dismiss, treated as a motion for summary judgment, and their reply to the response, the motion will be granted.” C.R. 28 at 1. The court added: “While plaintiff complains that he is unable to use the prison law library and has been denied legal materials, it is interesting to note that he has not been inhibited in his litigation activities. He has filed the following actions in this Court alone:....” (A list of 9 lawsuits, dating from September 1984 to December 1986, followed.) Id. at 1-2. These statements represented all of the court’s explanation for its ruling.

After the district court denied Valanding-ham’s subsequent motion to vacate the judgment of dismissal, he brought this appeal. He is proceeding in forma pauperis and pro se.

[1137]*1137STANDARD OP REVIEW

The court reviews the granting of summary judgment de novo. Levin v. Knight, 780 F.2d 786, 787 (9th Cir.1986). See also Oltarzewski v. Ruggiero, 830 F.2d 136, 138 (9th Cir.1987). The reviewing court views the evidence in the light most favorable to the party against whom summary judgment was granted. Id.

DISCUSSION

I. Basis for District Court’s Dismissal

Valandingham argues that the district court dismissed his action because it found that he had not been denied the use of the prison law library. Valandingham points out that he never alleged that defendants had denied him use of the prison law library. He therefore argues that the district court based its dismissal of his action on its rejection of an allegation that Va-landingham never made.

In support of this argument, Valanding-ham points to the court’s observation that “While plaintiff complains that he is unable to use the prison law library and has been denied legal materials, it is interesting to note that he has not been inhibited in his litigation activities.” C.R. 28 at 1.

Valandingham is correct in pointing put that he never alleged that he was “unable to use the prison law library.” He is wrong, however, in asserting that the district court’s grant of summary judgment was premised on its belief that Valanding-ham had in fact been able to use the library. The court, in its Order, clearly stated that it was granting defendants’ summary judgment motion “[f]or all the reasons set forth in defendants’ motion to dismiss ... and their reply to the response_” C.R. 28 at 1. We must therefore decide whether these two documents justified the district court’s entry of summary judgment.

II. Summary Judgment

A. The Legal Standard

Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c).

In addition, Rule 56 provides:

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleadings, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.

Fed.R.Civ.P. 56(e).

In ruling on a motion for summary judgment a court “must view the evidence and inferences therefrom in the light most favorable to the party opposing the motion....” Jewel Companies v. Pay Less Drug Stores Northwest, 741 F.2d 1555, 1559 (9th Cir.1984). We will affirm the district court’s grant of summary judgment if, viewing the evidence and the inferences therefrom in the light most favorable to the party opposing the motion, we determine that there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law. See Oltarzewski v. Ruggiero, 830 F.2d at 138.

B. The “Retaliation” (“Snitch”) Claim

Our review of the record leads us to conclude that neither the district court nor defendants established that Valanding-ham’s claim of retaliation failed to state a cause of action cognizable under 42 U.S.C. section 1983. See C.R. 28 (Order); C.R. 13 (“Motion to Dismiss”); C.R. 26 (“Reply to Response to Motion to Dismiss”). They did not mention the elements of a cause of action under section 1983, much less discuss whether Valandingham’s claim articulated those elements. Rather, the defendants, and the district court in resting its [1138]*1138holding on defendants’ arguments, merely-asserted that the incidents described by Valandingham either never took place or were misdescribed by Valandingham. The defendants nowhere argued that even if the facts Valandingham alleged and subsequently supported by affidavit were true, no cause of action under section 1983 would exist. Therefore, the only possible reason for dismissal on a motion for summary judgment would have been that Va-landingham failed to show the existence a genuine issue of material fact.

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Valandingham v. Bojorquez, 866 F.2d 1135, 1989 WL 5573 (9th Cir. 1989).

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