Dixon
Dixon v. Lavin
Opinion
Lead Opinion
MEMORANDUM **
Daniel Steve Dixon, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by denying his request for a transfer to a lower-security facility. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), and we affirm.
The district court properly granted judgment on the pleadings on Dixon’s Eighth Amendment claim because his allegation that he would be at risk when returned to a general population yard if other inmates learned he had been on a Sensitive Needs Yard (“SNY”) is too speculative to support a claim that defendants were deliberately indifferent to his safety when they recommended he be placed on the SNY. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (requiring a successful Eighth Amendment claim based on inhumane conditions of confinement to show that prison officials knew of a substantial risk of serious harm and failed to take reasonable measures to avoid the harm).