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Randle v. Miranda

United States Court of Appeals, Ninth Circuit
Mar 2, 2009
315 F. App'x 645 (9th Cir. 2009)

Summary

affirming the district court's grant of summary judgment to the defendant officers who used pepper spray in a good faith effort to restore discipline and order

Summary of this case from Segura v. Cherno

Opinion

No. 07-16307.

Submitted February 18, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed March 2, 2009.

Willie D. Randle, Delano, CA, pro se.

Monica N. Anderson, Esq., Supervising Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California, Lawrence J. O'Neill, District Judge, Presiding. D.C. No. CV-03-06313-LJO/SMS.

Before: BEEZER, FERNANDEZ and W. FLETCHER, Circuit Judges.



MEMORANDUM

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


Willie D. Randle, a California state prisoner, appeals pro se from the district court's summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that defendants' use of pepper spray constituted excessive force in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Johnson v. City of Seattle, 474 F.3d 634, 638 (9th Cir. 2007), and we affirm.

The district court properly granted summary judgment to defendants because the undisputed facts demonstrate that the defendants used the pepper spray "in a good faith effort to restore discipline and order and not maliciously and sadistically for the very purpose of causing harm." Clement v. Gomez, 298 F.3d 898, 903 (9th Cir. 2002); see also Caliber One Indem. Co. v. Wade Cook Fin. Corp., 491 F.3d 1079, 1085 (9th Cir. 2007) ("Summary judgment is appropriate where . . . the undisputed evidence supports only one reasonable inference.").

The district court did not abuse its discretion by denying Randle's motions to compel discovery because Randle fails to show "that denial of discovery resulte[d] in actual and substantial prejudice to [him]." See Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002).

AFFIRMED.


Summaries of

Randle v. Miranda

United States Court of Appeals, Ninth Circuit
Mar 2, 2009
315 F. App'x 645 (9th Cir. 2009)

affirming the district court's grant of summary judgment to the defendant officers who used pepper spray in a good faith effort to restore discipline and order

Summary of this case from Segura v. Cherno

affirming the district court's grant of summary judgment to the defendants when the inmate had been informed that the officer would use pepper spray if he failed to comply with her orders

Summary of this case from Romero v. Ellery

affirming the district court's grant of summary judgment to the defendant correctional officers when the undisputed facts showed that the defendants used pepper spray in a good faith effort to restore discipline and order

Summary of this case from Lamon v. Adams
Case details for

Randle v. Miranda

Case Details

Full title:Willie D. RANDLE, Plaintiff-Appellant, v. G. MIRANDA; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 2, 2009

Citations

315 F. App'x 645 (9th Cir. 2009)

Citing Cases

Segura v. Cherno

In unpublished opinions, the Ninth Circuit has also upheld district court decisions granting summary…

Romero v. Ellery

Mot. at 19. But, as Romero notes, in multiple cases that grant summary judgment in favor of defendants,…