Kenneth Delgado v. A. Barnes

MEMORANDUM

California state prisoner Kenneth R. Delgado appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging, inter alia, that defendants were deliberately indifferent 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). We affirm in part, reverse in part, and remand.

The district court properly granted summary judgment for defendants Woolf and Johnson because Delgado failed to raise a genuine dispute of material fact as to whether they knew of and disregarded an excessive risk that Delgado would be attacked by rival gang members. 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 for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety....”).

However, summary judgment for defendant Barnes was premature. There is a genuine dispute of material fact as to whether Barnes knew of and disregarded an excessive risk that the rival gang members would attack and injure…