9th Cir.

Rubi v. Summers

June 16, 2026 ·2:19-cv-10885-ODW-AS ·Unpublished · By Aisha Johnson

The Ninth Circuit affirmed a district court's grant of summary judgment in favor of a prison psychologist against an inmate's Eighth Amendment claims. The appellate panel found the inmate's allegations of sexual harassment were unsupported by the record or did not constitute constitutional violations.

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Background

Mario Rene Rubi appealed the district court’s grant of summary judgment in favor of Dr. Jennifer Summers, a prison staff psychologist. Rubi brought claims under the Eighth Amendment pursuant to 28 U.S.C. Section 1983, alleging sexual harassment.

The court’s reasoning

The Ninth Circuit reviewed the district court’s order granting summary judgment de novo. The court found that the majority of Rubi’s allegations were unsupported by the record such that no reasonable jury could believe them. Additionally, the court held that many of the alleged acts, even if true, did not amount to Eighth Amendment violations.

What it means going forward

The decision reinforces that summary judgment is appropriate when an inmate’s harassment claims lack evidentiary support or fail to meet the constitutional threshold for Eighth Amendment violations.