Gregory Brown v. M. Lopez

MEMORANDUM

Gregory L. Brown, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1988 action alleging Eighth Amendment violations arising from an assault by other inmates. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Lemire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d 1062, 1074 (9th Cir.2013) (summary judgment); Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm.

The district court properly granted summary judgment for Lopez and Lantia because Brown failed to raise a genuine dispute of material fact as to whether they knew of and disregarded an excessive risk to Brown’s safety. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official is deliberately indifferent only if the official knows of and disregards an excessive risk to an inmate’s safety; “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”);…