Moreno

Moreno v. Terhune

Good Law
84 F. App'x 818
United States Court of Appeals for the Ninth CircuitDecember 17, 2003No. 02-17025California620 words

Opinion

Lead Opinion

MEMORANDUM **

Leonard R. Moreno, a California state prisoner, appeals pro se the district court’s summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety, denial of due process, and denial of his free exercise of religion. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir.1997), and we affirm.

I

The district court properly granted summary judgment on Moreno’s deliberate indifference claim because Moreno failed to present evidence showing that defendants were aware of specific facts from which they could infer that other prisoners posed a substantial risk of serious harm to him. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994).

II

The district court also properly granted summary judgment on Moreno’s claim that defendants denied him due process by placing him in administrative segregation after he was attacked. Administrative segregation does not necessarily impose a sufficiently “atypical and significant hardship on the inmate in relation to the ordinary incidents of…

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