Swan

MEMORANDUM ***

Federal prisoner Eugene Oliver Swan, Jr. (“Swan”), appeals from the district court’s summary judgment in his suit under Bivens, and the Federal Tort Claims Act, alleging violation of the Eighth Amendment which allegedly resulted from the deliberate indifference by federal officers to Swan’s safety and health. Swan’s left eye was split open in a violent attack and beating by an inmate and had to be surgically removed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s grant of summary judgment

Swan asserts that the United States of America and Linda Young-Miller (“Defendants”) violated his rights, and are therefore responsible for his injury, because Defendants should have acted to prevent the assault, based on information Swan *317 had previously conveyed to Dr. Young Miller.

The standard of review of a district court’s grant of summary judgment is de novo. Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998); Saelee v. Chater, 94 F.3d 520, 521 (9th Cir.1996) (per curiam).

The test for determining whether an official can be shielded by qualified immunity is two-fold. The court must consider whether (1) “the law governing the…