Hinkle

Hinkle v. Blacketter

Good Law
329 F. App'x 139
United States Court of Appeals for the Ninth CircuitJuly 16, 2009No. 08-35418California274 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff James Hinkle, a Corrections Officer, appeals the district court’s summary judgment ruling in favor of Defendants (Hinkle’s supervisors) on his 42 U.S.C. § 1983 claim. We affirm.

“We review a grant of summary judgment de novo." Gorman v. Wolpoff & Abramson, LLP, 552 F.3d 1008, 1013 (9th Cir.2009). 42 U.S.C. § 1983 provides a private right of action for any person who is deprived of his constitutional rights by a state official acting under color of law. As a general rule, however, the Constitution does not require a state official “to protect the life, liberty, and property of its citizens against invasion by private actors.” DeShaney v. Winnebago County Dep’t of Soc. Servs., 489 U.S. 189, 195 , 109 S.Ct. 998 , 103 L.Ed.2d 249 (1989). Under the “danger-creation” exception, however, a state official can be liable for injury caused by private actors if: (1) the state official “affirmatively place[d] [the plaintiff] in danger,” and (2) the state official “act[ed] with deliberate indifference to a known or obvious danger in subjecting the plaintiff to it.” Kennedy v. City of Ridgefield, 439 F.3d 1055, 1062 (9th Cir.2006) (internal quotation marks omitted).…

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