Taylor Wright v. David Duncan

MEMORANDUM

Federal prisoner Taylor Winston Wright appeals pro se from the district court’s summary judgment in his action, brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), alleging Eighth Amendment violations in connection with a slip-and-fall incident. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Wright’s claim against defendant Meraz because Wright failed to raise a genuine dispute of material fact as to whether Meraz knew of and disregarded an excessive risk to his safety. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (for a deliberate indifference claim, “the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference”).

The district court properly granted summary judgment on Wright’s claim against defendant Ferriol because Wright failed to raise a triable dispute as to whether Fer-riol’s treatment of his injured…