Cardenas

Cardenas v. Lewis

Good Law
66 F. App'x 86
United States Court of Appeals for the Ninth CircuitMarch 7, 2003No. 01-36121California1,508 words

Opinion

Lead Opinion

MEMORANDUM **

Pro se Plaintiff Leopoldo Cardenas appeals the district court’s grant of summary judgment in favor of various officials and officers of the Yakima County Department of Corrections (collectively, “Defendants”), on his 42 U.S.C. § 1983 claims. We review the district court’s grant of summary judgment de novo, see Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002), and we affirm in part, and reverse and remand in part. Because the facts are familiar to the parties, we recount them only where necessary.

1. Failure to Protect

Cardenas argues that Defendants were deliberately indifferent to a substantial risk to his safety because they repeatedly transferred him to units where he was in danger and because, on January 28, 1999, they placed him in the jail holding tank with Ivan Andrade, from whom he was supposed to be kept separated. Even if we assume that the officers on duty failed to check his “keep separate” wristband before placing him in the holding tank, Cardenas still fails to produce any evidence from which a reasonable juror might infer that the officers acted with deliberate indifference, rather than mere negligence. 1 See Lopez v. Smith, 203 F.3d *89 1122,1131…

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