Donald Jeffery v. Bennge, M.t.a.;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONALD JEFFERY,
Plaintiff - Appellant,
v.
BENNGE, M.T.A.; et al.,
Defendants - Appellees.
No. 11-16965
D.C. No. 1:06-cv-00752-GBC
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Gerald B. Cohn, Magistrate Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER and M. SMITH, Circuit Judges.
Donald Jeffery, an inmate at the California Substance Abuse Treatment
Facility, appeals pro se from the district court's summary judgment in his 42 U.S.C.
§ 1983 action alleging violations of his constitutional rights in connection with a
FILED
MAY 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2003 incident in which prison officials used excessive force against him. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo, Jones v. Blanas, 393
F.3d 918, 926 (9th Cir. 2004), and we vacate and remand.
The district court concluded that Jeffery’s excessive force claim was barred
under Edwards v. Balisok, 502 U.S. 641 648 (1997), because he had failed to set
forth evidence demonstrating that his rule-violation conviction, arising from the
same 2003 incident, had been invalidated. On appeal, appellees acknowledge that
the district court erred in granting their motion for summary judgment because
Jeffery’s rule violation conviction had in fact been invalidated before he filed his §
1983 complaint. Appellees assert therefore that the Edwards bar does not apply
and that this case should be remanded to the district court. Because it appears that
Jeffery’s rule violation conviction in connection with the 2003 incident has been
invalidated, we vacate the grant of summary judgment in favor of defendants on
Jeffery’s excessive force claim and remand for further proceedings.
VACATED and REMANDED.

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