Volpicelli
Volpicelli v. Baca
Opinion
Lead Opinion
MEMORANDUM **
Nevada state prisoner Ferrill J. Volpicelli appeals pro se from the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging defendants acted with deliberate indifference to his health and safety. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004), and we affirm.
The district court properly granted summary judgment on Volpicelli’s claim that defendants acted with deliberate indifference to his asthmatic condition by housing him with a smoker. Volpicelli’s own deposition testimony and his grievances do not indicate that Volpicelli himself considered the level of environmental tobacco smoke to be unreasonable. See McKinney v. Anderson, 959 F.2d 853, 854 (9th Cir.1992).
The district court also properly granted summary judgment on Volpicelli’s claim that defendants acted with deliberate indifference to a serious threat to his safety by not moving him to another cell after he informed them of his cellmate’s threats because Volpicelli did not present evidence that he informed defendants of the seriousness of the threats or the increasing *703 tensions…