Opinion

John P. Kelly v. Unknown Manriquez

  • 532 F. App'x 677
Court
Court of Appeals for the Ninth Circuit
Filed
Jun 26, 2013
Status
Unpublished
On the bench
Tallman, Smith, Hurwitz
Cited by
0 cases
Authority
More cited than 27.7%

defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right

How later courts described this case

  • defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right

Written by the judges who cited it.

The opinion

FILED

NOT FOR PUBLICATION JUN 26 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JOHN PATRICK KELLY, No. 11-18070

Plaintiff - Appellant, D.C. No. 2:09-cv-02711-PGR

v.

MEMORANDUM *

UNKNOWN MANRIQUEZ, CO II,

Defendant - Appellee.

Appeal from the United States District Court

for the District of Arizona

Paul G. Rosenblatt, District Judge, Presiding

Submitted June 18, 2013 **

Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.

John Patrick Kelly, an Arizona state prisoner, appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that a photo was

taken of his genitals during a medical procedure without his consent. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s

*

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).

dismissal on the basis of qualified immunity. Kwai Fun Wong v. United States,

373 F.3d 952, 966 n.18 (9th Cir. 2004). We affirm.

The district court properly dismissed Kelly’s action because defendant is

entitled to qualified immunity with respect to Kelly’s claim that defendant’s

conduct violated Kelly’s Eighth Amendment rights. See Pearson v. Callahan, 555

U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the

conduct at issue violated a clearly established constitutional right).

We do not consider matters neither developed in the district court nor

specifically and distinctly raised and argued in the opening brief. See Padgett v.

Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

AFFIRMED.

2 11-18070

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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