Orr
Orr v. Fauliss
Opinion
Lead Opinion
MEMORANDUM **
Steven D. Orr, a Nevada state prisoner, appeals pro se the district court’s summary judgment for defendants in his action alleging that defendants violated his civil rights by failing to protect his identity as a confidential informant, providing him with defective slippers, and reneging on a deal for parole. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998), and we affirm.
The district court properly granted summary judgment on Orr’s failure to protect claim because the record did not present a triable issue as to whether Fauliss was deliberately indifferent to Orr’s safety. Cf. Wood v. Ostrander, 879 F.2d 583, 588 (9th Cir.1989) (holding that plaintiff who provides evidence of acts more severe than a lack of due care may withstand summary judgment motion on a failure to protect claim). Furthermore, Orr failed to create a triable issue as to municipal liability. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).
The district court properly dismissed Orr’s claim regarding the defective shower slippers because Orr…