The following excerpt is from Duncan v. Kim, Case No. 1:13-cv-01153-AWI-JLT (PC) (E.D. Cal. 2016):
mere verbal harassment or abuse, even that which includes the use of racial epithets, does not violate the Constitution and, thus, does not provide basis for relief under 42 U.S.C. 1983. Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir. 1987). Thus, any belittling comments Defendant may have made to Plaintiff are not actionable.
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