362 F. App'x 638

Tomeko MALONE, Plaintiff-Appellant, v. C/O PETERSON, Defendant-Appellee.

No. 08-17451.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 15, 2009.*

Filed Jan. 12, 2010.

Tomeko Malone, Norco, CA, pro se.

Phillip Arthur, Esquire, Office of the California Attorney General, Sacramento, CA, for Defendant-Appellee.

Before: GOODWIN, WALLACE and CLIFTON, Circuit Judges.

MEMORANDUM **

*639Tomeko Malone, 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 a prison official used excessive force against him when removing him from his prison cell. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo an order granting summary judgment, To-guchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on the Eighth Amendment claim because Malone failed to raise a triable issue as to whether Peterson’s use of physical force was more than de minim-is, and whether the force was used maliciously and sadistically to cause harm. See Hudson v. McMillian, 503 U.S. 1, 9-10, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992).

AFFIRMED.

Malone v. Peterson
362 F. App'x 638

Case Details

Name
Malone v. Peterson
Decision Date
Jan 12, 2010
Citations

362 F. App'x 638

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!