Robert TOWN, Plaintiff-Appellant, v. Alvin FODE, Defendant-Appellee, 469 F. App'x 578

MEMORANDUM 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. § 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, 112 S.Ct. 995, 117 L.Ed.2d 156 (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. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.