Armando Marroquin v. T. Grady

MEMORANDUM

Armando Marroquin appeals the district court’s entry of summary judgment in his 42 U.S.C. § 1983 action against Correctional Officers Grady and Recio and the dismissal of his § 1983 claims against Officer Montano and Warden Evans. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err in granting summary judgment against Marroquin on his claims that Correctional Officers Grady and Recio violated the Eighth Amendment through deliberate indifference to Marro-quin’s safety. Even taking into account Marroquin’s October 2011 affidavit, Marro-quin’s conditioning his transfer request on the availability of a lower bunk undermined the urgency of his situation such that no reasonable jury could have concluded that Officer Redo was “aware of facts from which the inference could be drawn that a substantial risk of serious harm exists.” Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994). Similarly, in the absence of any visible emergency situation in Marroquin’s cell, Marroquin’s message to Officer Grady referencing an emergency was insufficient to alert Grady that there was a serious risk to Marroquin’s safety,…