Ross Washington v. James Rowland

29 F.3d 638 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ross WASHINGTON, Plaintiff-Appellant, v. James ROWLAND, et al., Defendants-Appellees. No. 93-15951. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided June 30, 1994. Before: TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Ross Washington, a California state prisoner, appeals pro se the district court's order granting defendants' motion for summary judgment in his 42 U.S.C. Sec. 1983 action. Washington contends that defendant prison officials are liable for injuries he received when his cellmate threw scalding water, which had been heated in a "hotpot" purchased at the prison canteen. Specifically, Washington claims that: (a) former Warden Borg failed to protect him from harm by another inmate because Borg should have known that the sale of hotpots to inmates posed an unreasonable risk of harm; (b) Department of Corrections Director Rowland was responsible for…