Slone

Slone v. Department of Arizona Corrections

Good Law
308 F. App'x 110
United States Court of Appeals for the Ninth CircuitJanuary 13, 2009No. 05-16905California271 words

Opinion

Lead Opinion

*111 MEMORANDUM **

Arizona state prisoner Clinton Joseph Slone appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action, alleging that prison officials acted with deliberate indifference by denying his requests to be placed in protective custody. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Berg v. Kincheloe, 794 F.2d 457, 459 (9th Cir.1986), and we affirm.

The district court properly granted summary to defendants because Slone failed to raise a genuine issue of material fact as to whether defendants acted with deliberate indifference when they investigated his requests and transferred him to a different prison unit as an alternative to placing him in protective segregation. See id. at 460, 462 (affirming summary judgment for prison officials who investigated incident, and stating “[i]f the evidence only involves a dispute over the ... existence of arguably superior alternatives ... the plaintiff has not met his burden and the case should not be presented to a jury.” (internal citations and quotations omitted)).

The district court did not abuse its discretion by denying Slone’s motion to compel discovery as moot…

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