Gordon Sees the Ground, Jr. v. C. Emerson

MEMORANDUM

Gordon Sees the Ground, Jr., a Montana state prisoner, appeals pro. se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment for Emerson because plaintiff failed to raise a genuine dispute of material fact as to whether Emerson was deliberately indifferent 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 health or 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.”).

The district court properly granted summary judgment for Corrections Corporation of America because plaintiff did not establish a constitutional violation by Emerson. See City of Los Angeles v. Heller, 475 U.S. 796, 799 , 106 S.Ct. 1571 ,…