Ronald Reed v. B. Williams

MEMORANDUM

California state prisoner Ronald Reed appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his serious medical needs and knowingly failed to protect him from attack by another inmate. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We review for an abuse of discretion a district court’s formulation of jury instructions, and de novo whether a jury instruction misstates the law. Wall Data Inc. v. Los Angeles Cnty. Sheriffs Dep't, 447 F.3d 769, 784 (9th Cir.2006). We affirm.

The district court properly granted summary judgment on Reed’s deliberate indifference claim because Reed failed to raise a genuine dispute of material fact as to whether defendant Williams knew of and disregarded an excessive risk to his health. See Toguchi, 391 F.3d at 1057 (explaining that prison officials act with deliberate indifference only if they know of and disregard an excessive risk to an inmate’s health).

The district court did not abuse its discretion in its formulation of the instruction concerning the…