James Hinkley v. Rod Shumate

MEMORANDUM

Washington state prisoner James Mark Hinkley appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging Eighth Amendment claims relating to the conditions of his confinement. We review de novo. 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 may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm in part, vacate in part, and remand.

Dismissal of Hinkley’s inadequate bedding claim was proper as to defendants Warner, Franks, Sinclair, and Knight because Hinkley failed to allege facts sufficient to show that these defendants knew that the prison’s single-mat policy presented an excessive risk of harm to Hinkley’s health and disregarded that risk. 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 health or safety[.]”); see also Starr v. Baca, 652…