Wolf
Wolf v. Coffey
Opinion
Lead Opinion
MEMORANDUM **
Bud Wolf, an Arizona state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison authorities exhibited deliberate indifference to his safety by refusing to place him in protective segregation (“PS”) despite knowing that he had been targeted by inmates belonging to the Aryan Brotherhood. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo. See Morrison v. Hall, 261 F.3d 896, 900 (9th Cir. 2001). We affirm in part, reverse in part, and remand.
The district court properly dismissed Wolfs claim that defendant Stewart failed to enforce the prison policy which instructs prison officials to remove gang members from the general prison population because Wolf admitted that he did not exhaust administrative remedies with regard to this issue. See Booth v. Churner, 532 U.S. 731, 741 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001).
The district court properly dismissed Wolfs claim agamst defendant Coffey because Wolf provided no evidence that she personally participated in the alleged constitutional deprivation. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).