Ruiz

MEMORANDUM *

California state prisoner Johnny Ruiz, Jr., appeals from the district court’s summary judgment in his 42 U.S.C. § 1983 action against members of the correctional staff at Salinas Valley State Prison. Ruiz claimed that the defendants were deliberately indifferent to his safety by putting him in a cell with a documented enemy, Marcus Guillen, whom he immediately attacked and by whom he was hurt in return.

First, Ruiz challenges the district court’s finding that he failed to present evidence from which a reasonable jury could conclude that officials had acted with deliberate indifference in subjecting him to a substantial risk of serious harm. See Farmer v. Brennan, 511 U.S. 825, 828-29 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994). Second, Ruiz challenges the district court’s ruling that defendants were entitled to qualified immunity because, even if their behavior violated Ruiz’s constitutional rights, that violation would not have been clear to a reasonable correctional officer. We review Ruiz’s claims de novo. See Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir.1999) (en banc). Under the recently decided case of Pearson v. Callahan, - U.S. -, 129 S.Ct. 808, 813 ,…