John L. Voisin v. Jerry Cole

56 F.3d 75 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John L. VOISIN, Plaintiff-Appellant, v. Jerry COLE, Defendant-Appellee. No. 94-35547. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1995. * Decided May 4, 1995. Before: SNEED, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Alaska state prisoner John L. Voisin appeals pro se the district court's grant of summary judgment in favor of prison official Jerry Cole in Voisin's 42 U.S.C. Sec. 1983 action. Voisin alleges that Cole intentionally or recklessly allowed another inmate to attack him in violation of his Eighth Amendment right to be free from cruel and unusual punishments. Voisin contends that the district court erred by concluding that there was not a dispute of material fact whether Cole was deliberately indifferent to Voisin's safety. We affirm. 3 On August 8, 1991, Voisin, an inmate at the Spring Creek Correctional Center in Seward, Alaska, was in the day room of the maximum…