Troy Allen v. James Walker

MEMORANDUM

California state prisoner Troy Allen appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his health and safety in connection with his exposure to excessive heat in a transport van. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Keenan v. Hall, 83 F.3d 1083, 1088 (9th Cir.1996), and we affirm.

The district court properly granted summary judgment because Allen failed to raise a genuine dispute of material fact as to whether defendants consciously disregarded a serious risk to Allen’s health or safety. See Farmer v. Brennan, 511 U.S. 825, 845, 847 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official acts with deliberate indifference if she or “he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it”); Keenan, 83 F.3d at 1091 (Eighth Amendment “guarantees adequate heating” but does not require a “comfortable” temperature); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986) (party opposing summary judgment may not rest on…