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Case 1:07-cv-00251-JMS-LEK Document 42-2 Filed 08/13/2008 Page 23 of 27 <br /> Whitley v. Albers, 475 U.S. 312, 319, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986) <br /> (quoting Ingraham v. Wright, 430 U.S. 651, 670, 97 S.Ct. 1401, 51 L.Ed.2d 711 <br /> (1977)) (internal quotation marks omitted); Hudson v. McMillian, 503 U.S. 1, <br /> 5-6, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992). No evidence of any Eight <br /> Amendment violation exists. <br /> D. No Violation of Other Constitutional Rights Due to Absolute <br /> Immuni . <br /> The Ninth Amendment, which provides that "[t]he enumeration in the <br /> Constitution, of certain rights, shall not be construed to deny or disparage <br /> others retained by the people." U.S. Const. amend. IX. The Ninth Amendment <br /> does not provide a basis upon which plaintiff may impose liability under section <br /> 1983 because it does not "independently [secure] any constitutional right." <br /> Strandberg v. City of Helena, 791 F.2d 744, 748 (9`h Cir.1986). Warren v. <br /> Mayberg, Slip Copy, WL 3274273 (E.D. Cal. 2007). <br /> The Fourteenth Amendment, which provides that "[a]ll persons born or <br /> naturalized in the United States, and subject to the jurisdiction thereof, are citizens <br /> of the United States and of the State wherein they reside. No State shall make or <br /> enforce any law which shall abridge the privileges or immunities of citizens of the <br /> United States; nor shall any State deprive any person of life, liberty, or property, <br /> without the due process of law; nor deny to any person within its jurisdiction the <br /> equal protection of the law. <br /> 16 <br />