Anthony Tarkington v. Jeanne Woodford

MEMORANDUM

Anthony Lyle Tarkington, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations arising from a prison riot. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed the action because Tarkington did not allege facts sufficient to show that the defendants deprived him of a constitutional or federal right. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (holding that a plaintiff alleging deliberate indifference to safety must show that a prison official knew of and disregarded an excessive risk to safety); Whitley v. Albers, 475 U.S. 312, 320-21 , 106 S.Ct. 1078 , 89 L.Ed.2d 251 (1986) (explaining that a plaintiff alleging excessive force must show that a prison official acted maliciously and sadistically for the very purpose of causing harm, rather than in a good faith effort to maintain or restore discipline); Moody v. Daggett, 429 U.S. 78 , 88 n. 9, 97 S.Ct. 274 , 50 L.Ed.2d 236 (1976) (stating that prisoners have no liberty…