Harvey

MEMORANDUM **

Prisoner Paul Harvey appeals the district court’s grant of the defendants’ motion for summary judgment on his section 1983 claims of deliberate indifference to his safety and refusal to provide adequate medical treatment. 42 U.S.C. § 1983 . Because we find that prison officials did not act with deliberate indifference, we affirm the decision of the district court. See Helling v. McKinney, 509 U.S. 25, 35 , 113 S.Ct. 2475 , 125 L.Ed.2d 22 (1993).

Here, Harvey fails to allege any facts that would show that Sergeant Parks actually knew of the risk to Harvey of being raped by his cell-mate, Smith. Even if Harvey told Parks that he was nervous about being placed in a cell with another prisoner because Harvey was a homosexual, this is not sufficient to show that Parks knew there was a risk from this particular prisoner. Nor is it sufficient to show deliberate indifference that the other prisoner, Smith, had been caught naked in bed with another prisoner several years before. Since there was no allegation of force in that case, Parks did not have sufficient reason to know or suspect that there was a risk Smith would rape Harvey. Even if Parks could have inferred that…