Ransom

Ransom v. Dymond

Good Law
158 F. App'x 925
United States Court of Appeals for the Ninth CircuitDecember 16, 2005No. 05-55074California326 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Bryan Edwin Ransom appeals pro se the district court’s summary judgment in favor of retired correctional officer Dymond in his 42 U.S.C. § 1983 action alleging a violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam), and we affirm.

The district court properly granted summary judgment to Dymond on Ransom’s claim that Dymond acted with deliberate indifference to a serious risk to Ransom’s safety. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994). Ransom failed to raise a genuine issue of material fact as to whether the inmates in the next cell were members of the Mexican Mafia or whether Dymond knew the inmates posed a danger to Ransom. Id. Furthermore, Ransom did not allege that he suffered any harm. See e.g. Morgan v. MacDonald, 41 F.3d 1291, 1293-94 (9th Cir.1994) (rejecting Eighth Amendment claim where inmate labeled a snitch had not been retaliated against).

The district court properly dismissed Ransom’s claims that his transfer from the general population to the special needs yard was…

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