Flournoy

Flournoy v. Merced County Sheriff's Department

Good Law
44 F. App'x 843
United States Court of Appeals for the Ninth CircuitAugust 19, 2002No. 02-15155; No. 02-15155California282 words

Opinion

Lead Opinion

MEMORANDUM **

Derrick Flournoy, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 alleging violation of his Eighth Amendment rights. 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 we affirm.

Flourney alleged that Littlejohn and Da-cus placed him in serious risk of injury and failed to protect him from attack by a violent cell mate. The district court properly granted summary judgment for defendant Littlejohn because Flournoy put forth no evidence to show that Littlejohn was made aware of or disregarded threats to Flournoy’s safety prior to the attack. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (holding that prisoner must show that “the official [knew] of and disregarded] an excessive risk to inmate ... safety”). Moreover, summary judgment for defendant Dacus was proper because Flournoy did not put forth any evidence to dispute that Dacus responded reasonably to the alleged risk of harm subsequent to the attack. See id. at 844-45 .

Flournoy was given fair notice of his…

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