Troy Foster v. Starlin Gentry

FILED
NOT FOR PUBLICATION MAY 17 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TROY FOSTER, No. 12-15949
Plaintiff - Appellant, D.C. No. 3:09-cv-00431-ECR-
WGC
v.
STARLIN GENTRY; MITCHELL MEMORANDUM *
NIELSEN; CHRISTOPHER POPE; PAUL
SIMMS; ROGER TERANCE,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, District Judge, Presiding
Submitted January 15, 2013 **
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
Troy Foster, a Nevada state prisoner, appeals pro se from the district court’s
summary judgment in favor of Defendants in his 42 U.S.C. § 1983 action alleging
violations of the Fourth Amendment. He also appeals the district court’s decision
*
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).
to dismiss his Eighth and Fourteenth Amendment, 42 U.S.C. § 1986, conspiracy,
and state law claims pursuant to 28 U.S.C. § 1915A. We have jurisdiction under
28 U.S.C. 1291. We review a district court’s grant of summary judgment and
dismissal of claims at the screening level de novo. Resnick v. Hayes, 213 F.3d 443,
447 (9th Cir. 2000); Great Old Broads for Wilderness v. Kimbell, 709 F.3d 836,
846 (9th Cir. 2013). We affirm.
Foster argues that the district court erred by granting summary judgment on
his Fourth Amendment claim. Summary judgment may be affirmed on any ground
supported by the record. Video Software Dealers Ass’n v. Schwarzenegger, 556
F.3d 950, 956 (9th Cir. 2009). Reasonable strip searches do not violate prisoners’
rights under the Fourth Amendment. See Bull v. City and County of San
Francisco, 595 F.3d 964, 975 (9th Cir. 2010).
The scope, justification, and place of the search indicate that it was
reasonable. See Bell v. Wolfish, 441 U.S. 520, 559 (1979). The prison’s practice
of searching new inmates has a valid and rational connection to preventing
contraband from entering into the institution. See Turner v. Safley, 482 U.S. 78,
89-90 (1987).
The district court did not err by dismissing Foster’s Eighth and Fourteenth
Amendment claims, conspiracy claims, § 1986 claims, and state law claims
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because he failed to allege facts sufficient to support any of these claims. See
Ashcroft v. Iqbal, 556 U.S. 662, 680-81 (2009). Foster’s remaining arguments are
not supported by the record and are unpersuasive.
AFFIRMED
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