Chester R. Sheppard, Plaintiff-appellant, v. Theo White, Warden State Prison of California at New Folsom;robert Buda, Correctional Officer, Defendants-appellees, 78 F.3d 594 (9th Cir. 1996)

MEMORANDUM^** 

California state prisoner Chester R. Sheppard appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir. 1989), cert. denied, 496 U.S. 937 (1990). We affirm in part, vacate in part, and remand.

Sheppard contends defendants were deliberately indifferent to his safety when they placed him on the "AdSeg yard" with an inmate who had previously assaulted him. We disagree for the reasons stated by the district court.

Sheppard contends that defendants retaliated against him for filing this suit by confiscating his property and transferring him to seven different prisons over the course of this action. Sheppard raised his allegations of retaliation in his November 1, 1994 change of address notice and again in his objections to the Magistrate Judge's report and recommendation. The record indicates that Sheppard was transferred on at least seven occasions. Absent a narrowly tailored legitimate penological purpose, prison officials may not take actions against an inmate because he has exercised a constitutional right. Rizzo v. Dawson, 778 F.2d 527, 532 (9th Cir. 1985). Consequently, we remand for the district court to address the claim. The judgment is otherwise affirmed.

AFFIRMED in part, VACATED in part, and REMANDED.