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Anderson v. Runge
23-1535
9th Cir.
Mar 21, 2025
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Case Information

*1 Before: CANBY, R. NELSON, and FORREST, Circuit Judges.

California state prisoner James P. Anderson appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging retaliation and due process violations. We have jurisdiction under 28 U.S.C. § 1291. We review *2 de novo. Nunez v. Duncan , 591 F.3d 1217, 1222 (9th Cir. 2010). We affirm.

The district court properly granted summary judgment on Anderson’s retaliation claim because Anderson failed to raise a genuine dispute of material fact as to whether defendants took an adverse action against him because of his protected conduct. See Rhodes v. Robinson , 408 F.3d 559, 567-68 (9th Cir. 2005) (setting forth the requirements of a retaliation claim in the prison context).

The district court properly granted summary judgment on Anderson’s due process claim because Anderson failed to raise a genuine dispute of material fact as to whether his constitutional rights were violated. Nev. Dep ’ t of Corr. v. Greene , 648 F.3d 1014, 1019 (9th Cir. 2011) (no due process violation where an inmate was given notice of and an adequate opportunity to comply with a regulation that restricted personal property because “that is all the process that is due”) ; see also Hudson v. Palmer , 468 U.S. 517, 532-33 (1984) (an unauthorized deprivation of property, whether negligent or intentional, is not actionable if the state provides a meaningful post-deprivation remedy); Barnett v. Centoni , 31 F.3d 813, 816- 17 (9th Cir. 1994) (“California [l]aw provides a n adequate post- deprivation remedy for any property deprivations.”).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending motions are denied.

AFFIRMED.

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Anderson v. Runge
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Mar 21, 2025
Docket Number: 23-1535
Court Abbreviation: 9th Cir.
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