Check how courts have cited this case. Use our free citator for the most current treatment.
No. 8646124
United States Court of Appeals for the Ninth Circuit
Dunlap v. Green
No. 8646124 · Decided December 10, 2007
No. 8646124·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 10, 2007
Citation
No. 8646124
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Timothy Allan Dunlap, an Idaho state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials denied him equal protection by housing him in prison mental health units instead of the prison’s general population. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir. 2002), and we affirm. The district court properly granted summary judgment on Dunlap’s equal protection claim because he presented no evidence to controvert defendant’s evidence of a rational basis for housing him in prison mental health units. See Glauner v. Miller, 184 F.3d 1053, 1054 (9th Cir.1999) (applying a “rational basis” test to a prisoner’s equal protection claim because “prisoners are not a suspect class” and no fundamental constitutional right was at issue). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Timothy Allan Dunlap, an Idaho state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C.
Key Points
01MEMORANDUM ** Timothy Allan Dunlap, an Idaho state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C.
02§ 1983 action alleging that prison officials denied him equal protection by housing him in prison mental health units instead of the prison’s general population.
03The district court properly granted summary judgment on Dunlap’s equal protection claim because he presented no evidence to controvert defendant’s evidence of a rational basis for housing him in prison mental health units.
04Miller, 184 F.3d 1053, 1054 (9th Cir.1999) (applying a “rational basis” test to a prisoner’s equal protection claim because “prisoners are not a suspect class” and no fundamental constitutional right was at issue).
Frequently Asked Questions
MEMORANDUM ** Timothy Allan Dunlap, an Idaho state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C.
FlawCheck shows no negative treatment for Dunlap v. Green in the current circuit citation data.
This case was decided on December 10, 2007.
Use the citation No. 8646124 and verify it against the official reporter before filing.