Duane Whitmore, James F. Taylor v. George Sumner, Harol Whitley, Don Helling, Roger Jacobs

944 F.2d 910 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Duane WHITMORE, James F. Taylor, Plaintiffs-Appellants, v. George SUMNER, Harol Whitley, Don Helling, Roger Jacobs, Defendants-Appellees. No. 89-15861. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1991. * Decided Sept. 17, 1991. 1 Before FLETCHER, WILLIAM A. NORRIS and TROTT, Circuit Judges 2 MEMORANDUM ** 3 This is an appeal from a summary judgment for the defendant prison officials in a § 1983 action based on allegations that prison officials violated the Eighth Amendment when they exposed plaintiff prisoners to HIV (Human Immunodeficiency Virus). The gravamen of plaintiffs' complaint is that prison officials allowed an HIV-infected inmate who had previously thrown his bodily fluids at fellow inmates to serve as a food services worker carrying meals to cells. We affirm because plaintiffs have failed to present sufficient evidence that would support a judgment after trial, especially…