Robert Parkes v. Greg Cox

MEMORANDUM

Nevada state prisoner Robert E. Parkes appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with a fall he sustained in the prison kitchen. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm in part, vacate in part, and remand.

The district court properly dismissed Parkes’s equal protection claim because Parkes failed to allege facts demonstrating a discriminatory intent. See Monteiro v. Tempe Union High Sch. Dist., 158 F.3d 1022 , 1026 (9th Cir.1998) (equal protection claim “must plead intentional unlawful discrimination or allege facts that are at least susceptible of an inference of discriminatory intent”).

The district court properly dismissed Parkes’s Eighth Amendment claims because Parkes failed to allege facts demonstrating that defendants knew of and disregarded a substantial risk to his safety. See Farmer v. Brennan, 511 U.S. 825, 847 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (a prison official violates the Eighth Amendment prohibition against inhumane conditions…