Michael McGee AKA Mike McGee v. F. A. Brown

62 F.3d 1424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael McGEE, aka Mike McGee, Plaintiff-Appellee, v. F. A. BROWN, Defendant-Appellant. No. 94-16827. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1995. Decided July 28, 1995. Before: CUMMINGS, * SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 F.A. Brown, a California state corrections officer, appeals the denial of his motion for summary judgment on qualified immunity grounds in a 42 U.S.C. Sec. 1983 suit brought against him by McGee, an inmate. McGee alleged that Brown violated the Eighth Amendment's prohibition against cruel and unusual punishment by failing to protect him from attack by another inmate, thereby manifesting deliberate indifference to a substantial risk of harm he faced. Brown moved for summary judgment on the ground of qualified immunity, and on the additional ground that, as a matter of law, he had not acted with deliberate indifference. 3 In his July 13,…