Curlin Pennick, III v. Joe Williamson , 576 F. App'x 672 ( 2014 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 29 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
CURLIN PENNICK, III, No. 13-35120
Plaintiff - Appellant, D.C. No. 3:11-cv-05971-RBL
v.
MEMORANDUM*
JOE WILLIAMSON, Cook, Stafford
Creek Correctional Center,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Washington state prisoner Curlin Pennick, III, appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the
denial of kosher meals for over two days during Passover violated his First
*
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).
Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo. Garcia v. County of Merced, 639 F.3d 1206, 1208 (9th Cir. 2011). We
affirm.
The district court properly granted summary judgment on the basis of
qualified immunity because there was no genuine dispute of material fact as to
whether defendant Williamson reasonably relied on the Passover meals-list which
mistakenly omitted Pennick. See Estate of Ford v. Ramirez-Palmer, 301 F.3d
1043, 1049-50 (9th Cir. 2002) (holding that a prison official may be entitled to
qualified immunity where he has a reasonable, but mistaken, belief about the facts
or about what the law requires in a given situation); see also Hunter v. Bryant, 502
U.S. 224, 229 (1991) (per curiam) (“The qualified immunity standard ‘gives ample
room for mistaken judgments’ by protecting ‘all but the plainly incompetent or
those who knowingly violate the law.’” (citation omitted)).
Pennick’s motion to supplement the record on appeal, filed on June 10,
2013, is denied.
AFFIRMED.
2 13-35120