Keith Arline, Jr. v. R. Gower , 667 F. App'x 948 ( 2016 )

FILED
NOT FOR PUBLICATION AUG 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEITH DUANE ARLINE, JR., No. 15-15293
Plaintiff - Appellant, D.C. No. 2:11-cv-03414-WBS-
KJN
v.
R. GOWER; et al., MEMORANDUM*
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
California state prisoner Keith Duane Arline, Jr., appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that
defendants violated his Eighth Amendment rights by depriving him of outdoor
exercise. We have jurisdiction under 28 U.S.C. § 1291. We review de novo,
*
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).
Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment for defendant Speers
because Arline failed to raise a genuine dispute of fact as to whether Speers caused
any constitutional violation. See Preschooler II v. Clark Cty. Sch. Bd. of Trs., 479
F.3d 1175, 1183 (9th Cir. 2007) (discussing causation under § 1983).
The district court properly granted summary judgment for defendants
Gower, Davey, and Hitt on the basis of qualified immunity because it would not
have been clear to every reasonable official that depriving Arline of outdoor
exercise in response to a violent attack on a prison official was unconstitutional.
See Ashcroft v. al-Kidd, 563 U.S. 731, 735, 741 (2011) (explaining two-part test
for qualified immunity); see also Norwood v. Vance, 591 F.3d 1062, 1068-70 (9th
Cir. 2010) (discussing the application of qualified immunity where prisoners were
deprived of outdoor exercise in response to prison violence).
AFFIRMED.
2 15-15293