Appleton Pickett, Jr. v. Max Williams

MEMORANDUM

Oregon state prisoner Appleton Pickett, Jr., appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Pickett’s claim alleging failure to protect him from inmate assault because Pickett 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) (claim of deliberate indifference requires showing that “the official [knew] of and disregarded] an excessive risk to inmate ... safety”).

The district court properly granted summary judgment on Pickett’s due process claims because the hearings officer properly declined to call witnesses whose testimony was irrelevant to the proceedings, and there is no constitutional right to request an investigation or receive administrative review of prison disciplinary proceedings. See Wolff v.…