Narviez Alexander v. James Keener

MEMORANDUM

Nevada state prisoner Narviez V. Alexander appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1988 action alleging deliberate indifference to his safety and due process violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Le mire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d 1062, 1074 (9th Cir.2013), and we affirm.

The district court properly granted summary judgment on Alexander’s deliberate indifference claim, because Alexander failed to raise a genuine dispute of material fact as to whether defendants 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) (“[A] prison official cannot be found liable under the Eighth Amendment ... unless the official knows of and disregards an excessive risk to inmate safety[.]”).

The district court properly granted summary judgment on Alexander’s due process claim- regarding his placement in administrative segregation, because Alexander failed to raise a genuine dispute of material fact as to whether the defendants provided him timely notice of the charges against him. See Hewitt v. Helms, 459 U.S.…