United States Ninth Circuit

In a Bivens action arising out of an allegedly unlawful strip search of a prisoner, summary judgment for defendants is affirmed where: 1) plaintiff failed to exhaust his administrative remedies with respect to his First Amendment claim; and 2) the evidence plaintiff presented that a guard was motivated to search him for non-penological reasons was irrelevant to the reasonableness of the search.

Appellate Information

• Argued 05/06/2009
• Decided 01/11/2010
• Published 01/11/2010

Judges

• Before: WILLIAM A. FLETCHER and SANDRA S. IKUTA, Circuit Judges, and MICHAEL SEABRIGHT, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Banurekha Ramachandran, Perkins Coie, LLP, Portland, OR, Gerson Nunez, Pro se, Anchorage, AK, for the appellant.


• For Appellees:
  
• Margaret M. Ogden, Federal Bureau of Prisons, SeaTac, WA, Amy Potter, Suzanne Bratis, Adrian Lee Brown, Office of the U.S. Attorney, Portland, OR, for the appellees.