Jerry Hightower v. Tom House, Deputy Warden
Docket: 94-15122
Court: Court of Appeals for the Ninth Circuit; May 5, 1995; Federal Appellate Court
Jerry Hightower, an Arizona state prisoner, appeals the dismissal of his 42 U.S.C. § 1983 action by the district court, which was deemed frivolous under 28 U.S.C. § 1915(d). The Ninth Circuit Court of Appeals has jurisdiction under 28 U.S.C. § 1291 and affirms the lower court's decision. The appellate court reviews dismissals under § 1915(d) for abuse of discretion, affirming only when a complaint lacks any arguable legal or factual basis. Citing prior case law, the court highlights that the Eighth Amendment does not support broad prison reforms and specifically notes that inmates do not have the constitutional right to choose their cellmates based on compatibility. Hightower's claim, which asserted that being housed with a cellmate of a different ethnic origin violated the Eighth Amendment, was dismissed on these grounds. The court also emphasizes that Hightower did not demonstrate a denial of due process related to disciplinary actions taken against him for objecting to his cell assignment. The decision is affirmed without oral argument, and the disposition is not suitable for publication or citation under Ninth Circuit Rule 36-3.