Robert Town v. Alvin Fode

FILED
NOT FOR PUBLICATION FEB 27 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT TOWN, No. 11-35039
Plaintiff - Appellant, D.C. No. 6:09-cv-00007-DWM
v.
MEMORANDUM *
ALVIN FODE,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Robert Town, a Montana state prisoner, appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the
defendant used excessive force against him. We have jurisdiction under 28 U.S.C.
*
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).
§ 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.
2004). We affirm.
The district court properly granted summary judgment because Town failed
to raise a genuine dispute of material fact as to whether the alleged force was
applied maliciously or sadistically to cause harm. See Hudson v. McMillian, 503
U.S. 1, 7 (1992) (explaining that “the core judicial inquiry is . . . whether force was
applied in a good-faith effort to maintain or restore discipline, or maliciously and
sadistically to cause harm”).
Town’s remaining contentions are unpersuasive.
AFFIRMED.
2 11-35039