Cdcr

Campbell v. California Department of Corrections & Rehabilitation

Good Law
463 F. App'x 634
United States Court of Appeals for the Ninth CircuitDecember 22, 201110-17353California333 words

Opinion

Opinion

MEMORANDUM

Maurice Cornell Campbell, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging he suffered food poisoning because defendants acted with deliberate indifference to health and safety in handling and preparing prison food. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the decision to grant summary judgment. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We may affirm on any ground supported by the record. Olsen v. Idaho St. Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). We affirm.

Summary judgment on Campbell’s deliberate indifference claim was proper with respect to each defendant. As to defendants Arndt, Rodriguez, and Rul-ler, Campbell failed to controvert evidence that they properly addressed substantiated sanitation issues of which they were aware. See Farmer v. Brennan, 511 U.S. 825, 844 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (“prison officials who actually knew of a substantial risk to inmate health or safety may be found free from liability if they responded reasonably to the risk, even if the harm ultimately was not averted”). As to defendants Haytorne and…

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