DocketNumber: 11-35115
Citation Numbers: 474 F. App'x 674
Judges: Schroeder, Silverman, Thomas
Filed Date: 7/23/2012
Status: Non-Precedential
Modified Date: 8/5/2023
FILED NOT FOR PUBLICATION JUL 23 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MICHAEL M. MARTINEZ, No. 11-35115 Plaintiff - Appellant, D.C. No. 3:09-cv-00580-ST v. MEMORANDUM * MAX WILLIAMS; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding Submitted July 17, 2012 ** Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges. Former Oregon state prisoner Michael M. Martinez appeals pro se from the district court’s summary judgment in his42 U.S.C. § 1983
action alleging constitutional violations in connection with a prison guard’s shooting of Martinez during a prison yard riot. We have jurisdiction under28 U.S.C. § 1291
. We * 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). review de novo, Day v. Apoliona,616 F.3d 918
, 924 (9th Cir. 2010), and we may affirm on any ground supported by the record, Thompson v. Paul,547 F.3d 1055
, 1058-59 (9th Cir. 2008). We affirm. The district court properly granted summary judgment as to Williams and Nooth because Martinez failed to raise a genuine dispute of material fact as to whether either was “personally involved in the deprivation of his civil rights.” Barren v. Harrington,152 F.3d 1193
, 1194 (9th Cir. 1998) (order). To the extent that Martinez alleges that Williams and Nooth are liable based on their promulgation or implementation of an unconstitutional use-of-force policy, summary judgment was proper because Martinez has failed to raise a genuine dispute of material fact as to whether the Oregon Department of Corrections’ policy is “so deficient that the policy itself is a repudiation of constitutional rights and is the moving force of the constitutional violation.” Redman v. County of San Diego,942 F.2d 1435
, 1446 (9th Cir. 1991) (en banc) (citations and internal quotation marks omitted); Jeffers v. Gomez,267 F.3d 895
, 915 (9th Cir. 2001) (finding a similar policy to be constitutional). The district court also properly granted Fletcher qualified immunity because a “reasonable official standing where [Fletcher] was standing” could believe that shooting an inmate to “stop an assault that could have seriously injured or killed 2 11-35115 another inmate was a good faith effort to restore order, and thus lawful.” Marquez v. Gutierrez,322 F.3d 689
, 693 (9th Cir. 2003). Martinez’s remaining contentions, including those concerning the alleged deficiencies of his court-appointed counsel, are unpersuasive. AFFIRMED. 3 11-35115
Thompson v. Paul , 547 F.3d 1055 ( 2008 )
Donald Robin BARREN, Plaintiff-Appellant, v. Tom HARRINGTON,... , 152 F.3d 1193 ( 1998 )
Clifton Redman v. County of San Diego Capt. Richard Beall ... , 942 F.2d 1435 ( 1991 )
donnell-jeffers-v-james-gomez-director-california-department-of , 267 F.3d 895 ( 2001 )
Day v. Apoliona , 616 F.3d 918 ( 2010 )
vincent-marquez-v-r-j-gutierrez-and-james-gomes-theo-white-warden-m , 322 F.3d 689 ( 2003 )