Fisher

Fisher v. Stewart

Good Law
37 F. App'x 947
United States Court of Appeals for the Ninth CircuitJune 21, 2002No. 01-15433; D.C. No. CV-99-00301-WDBCalifornia838 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant John Edward Fisher (“Fisher”), an Arizona Department of Corrections Inmate, appeals the district court’s adverse summary judgment of his claims under 42 U.S.C. § 1983 . Fisher also appeals the dismissal of his claims against former defendants Buck and Robinson, the denial of his motion for appointment of trial counsel, and the denial of his motion for in camera review. Because the parties are familiar with the facts, we do not detail them here. We affirm.

The district court did not err in granting summary judgment in favor of Appellees Hart, Correll, and Hallahan. Although “prison officials have a duty ... to protect prisoners from violence at the hands of other prisoners,” only a prison official’s deliberate indifference to a substantial risk of serious harm to an inmate violates the Eight Amendment. Farmer v. Brennan, 511 U.S. 825, 828-33 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994).

Viewing the evidence in the light most favorable to Fisher, as required on summary judgment, the information imparted to Hart provided him with knowledge of a substantial risk of harm to Fisher. However, Hart took reasonable steps to abate any known risk, including offering…

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