Kellam

Kellam v. Briddle

Good Law
14 F. App'x 913
United States Court of Appeals for the Ninth CircuitJuly 20, 2001No. 00-16990; D.C. No. CV-97-01481-WBSCalifornia338 words

Opinion

Lead Opinion

MEMORANDUM **

Vincent Kellam, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and affirm.

With respect to his claim against defendant Briddle, Kellam failed to establish a genuine issue of material fact as to how the alleged shortcomings of Briddle’s report created a risk to Kellam’s safety or how Briddle could have protected Kellam from harm. With respect to the attack that occurred when Kellam was housed at the prison where defendants Platt and Jackson worked, because there is no evidence in the record establishing the identity of his attacker, Kellam failed to establish a genuine issue of material fact that Platt and Jackson failed to protect him from gang members. Finally, with respect to his claims against Welch, Kellam failed to submit any evidence that he was harassed, threatened or attacked while under Welch’s care. Accordingly, the district court did not err by granting…

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