Joseph Horne v. J. Rutledge, et al, No. 09-17378 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 04 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSEPH DEONN HORNE, Plaintiff - Appellant, No. 09-17378 D.C. No. 4:08-cv-01387-SBA v. MEMORANDUM * J. RUTLEDGE, Correctional Officer; et al., Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Saundra B. Armstrong, District Judge, Presiding Submitted September 22, 2010 ** Before: WALLACE, HAWKINS and THOMAS, Circuit Judges. The district court properly granted summary judgment on the excessive force claim because Joseph Deonn Horne ( Horne ) failed to raise a triable issue as to whether prison guards acted maliciously and sadistically for the very purpose * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of causing harm by using pepper spray after Horne repeatedly refused to comply with orders to cease holding his blanket up to the cell door. Hudson v. McMillian, 503 U.S. 1, 6 (1992) (citation and internal quotation marks omitted). Horne s remaining contentions are unpersuasive. AFFIRMED. 2 09-17378
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