Robert Ahn v. Benjamin Griego

MEMORANDUM

Robert Wayne Ahn, an Hawaii state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1988 action alleging that prison officials acted with deliberate indifference to his safety in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Ahn’s claim that defendants were deliberately indifferent to his safety, because Ahn failed to raise a genuine dispute of material fact as to whether defendants knew of and disregarded an excessive risk to his safety. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (“a prison official cannot be found liable [for deliberate indifference] ... unless the official knows of and disregards an excessive risk to inmate health or safety”). To the extent that Ahn alleges that defendant Poehlman used excessive force against him, the district court properly granted summary judgment because Ahn failed to raise a genuine dispute of material fact as to whether the alleged force was applied maliciously or…