Unpublished Disposition, 885 F.2d 875 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 885 F.2d 875 (9th Cir. 1989)

Willie Arthur GAINES, Plaintiff-Appellant,v.Terry HUGHES, Richard K. Rainey, Defendants-Appellees.

No. 87-2818.

United States Court of Appeals, Ninth Circuit.

Submitted July 26, 1989.* Decided Sept. 8, 1989.

Before TANG, NELSON and REINHARDT, Circuit Judges.


MEMORANDUM** 

Pro se Willie Arthur Gaines (Gaines), a California state prisoner, appeals the grant of summary judgment in favor of Deputy Hughes and Sheriff Rainey and dismissal of his 42 U.S.C. § 1983 complaint claiming violation of his constitutional rights while he was a pretrial detainee.

We affirm in part and reverse in part.

The district court erred in granting summary judgment in favor of Hughes because Gaines raised a triable issue of fact as to whether Hughes had any justification for slamming an iron door on Gaines's head. See Rutherford v. City of Berkeley, 780 F.2d 1444, 1446-48 (9th Cir. 1986) (directed verdict improper where evidence was presented that police officers punched and kicked an individual with no justification). In addition to the extent of the injury inflicted, the Court should consider whether there was any justification for the use of force. Gaut v. Sunn, 810 F.2d 923, 924 (9th Cir. 1987).

The district court properly granted summary judgment in favor of Rainey in Gaines's claim that Rainey violated his due process rights by causing Gaines to be placed in administrative segregation because there was no evidence to show that Rainey had anything to do with the decision to place him or keep him in administrative segregation. See Sanders v. Kennedy, 794 F.2d 478, 483 (9th Cir. 1986) (individual may be held liable for constitutional deprivation only if a causal connection is shown through direct personal participation or setting in motion acts by others which actor should reasonably know would cause the constitutional injury). The district court also properly dismissed Gaines's claim that Rainey was deliberately indifferent to Gaines's medical needs because this claim is nothing more than a difference of opinion regarding appropriate treatment. See Shields v. Kunkel, 442 F.2d 409, 410 (9th Cir. 1971) (differences in judgment between an inmate and prison medical personnel regarding appropriate treatment is not enough to state a section 1983 claim).

We AFFIRM the judgment as to defendant Rainey and reverse the judgment as to Deputy Hughes and REMAND for further proceedings.

 *

The panel unanimously agrees that this case is appropriate for submission without oral argument. Fed. R. App. P. 34(a); 9th Cir. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3