Brummett
Brummett v. Teske
Opinion
Lead Opinion
MEMORANDUM **
Melvin Ray Brummett, Jr., a California prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that Shasta County Jail personnel violated his Eight Amendment rights by assigning him an upper bunk and by acting with deliberate indifference to his medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.
The district court properly granted summary judgment on Brummett’s failure to protect claim because he failed to allege facts from which a reasonable jury could conclude that defendant Johnson was responsible for assigning the upper bunk, or that defendants Blankenship, Miller, and Teske had actual knowledge that the assignment posed a substantial risk of serious harm. See Farmer v. Brennan, 511 U.S. 825, 847 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (“[A] prison official may be held liable under the Eighth Amendment for denying humane conditions of confinement only if he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it.”).