Leonel Lopez v. D. Butler , 362 F. App'x 884 ( 2010 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JAN 25 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
LEONEL CANTU LOPEZ, No. 08-17574
Plaintiff - Appellant, D.C. No. 2:04-cv-00822-LKK-
KJM
v.
D. K. BUTLER, Warden; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, District Judge, Presiding
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Leonel Cantu Lopez, a California state prisoner, appeals pro se from the
district court’s summary judgment for defendant in his 42 U.S.C. § 1983 action
*
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).
IL/RESEARCH
08-17574
alleging that he was unlawfully housed in administrative segregation and subjected
to excessive force. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review
de novo an order granting summary judgment, Toguchi v. Chung, 391 F.3d 1051,
1056 (9th Cir. 2004), and we affirm.
The district court properly granted summary judgment for defendant on
Lopez’s due process and Eighth Amendment claims because Lopez failed to raise a
triable issue as to whether the defendant caused the violations Lopez alleges. See
Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (“The inquiry into causation
must be individualized and focus on the duties and responsibilities of each
individual defendant whose acts or omissions are alleged to have caused a
constitutional deprivation.”).
Lopez’s remaining contentions are unpersuasive.
AFFIRMED.
IL/RESEARCH
08-17574