Bennett

Bennett v. Misner

Good Law
180 F. App'x 732
United States Court of Appeals for the Ninth CircuitMay 18, 2006No. 04-35977California339 words

Opinion

Lead Opinion

MEMORANDUM **

Oregon state prisoner Douglas B. Bennett appeals pro se from the district court’s summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action alleging violations of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Beene *733 v. Terhune, 380 F.3d 1149, 1150 (9th Cir. 2004), and we may affirm on any ground supported by the record, First Pac. Bank v. Gilleran, 40 F.3d 1023 , 1024-25 (9th Cir.1994). We affirm.

Notwithstanding Bennett’s failure to support his contentions on appeal with argument or authority, we consider the district court’s summary judgment. The district court properly granted summary judgment on the kitchen safety and sanitation claim because Bennett failed to present evidence that defendants knew of and disregarded a substantial risk to Bennett’s health or safety. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994).

The district court also properly granted summary judgment on Bennett’s claim that the Two Rivers Correctional Institution Health Services provided inadequate medical care. See Estelle v. Gamble, 429 U.S. 97, 106 , 97 S.Ct. 285 , 50 L.Ed.2d 251…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.