Miller v. Corrections Corp. of America Central Arizona

MEMORANDUM *

Joseph Miller appeals from the district court’s order granting summary judgment to Corrections Corporation of America (“CCA”) for his negligence and third-party breach of contract claims against it. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s grant of summary judgment to CCA for Miller’s negligence claim. We reverse, however, the court’s grant of summary judgment to CCA for Miller’s third-party breach of contract claim.

We review de novo the district court’s order granting CCA’s motion for summary judgment and must determine whether “there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Huseman v. Icicle Seafoods, Inc., 471 F.3d 1116, 1120 (9th Cir.2006). In making this determination, we view the facts and draw all reasonable inferences in the light most favorable to Miller. See Scott v. Harris, - U.S. -, 127 S.Ct. 1769, 1774 , 167 L.Ed.2d 686 (2007).

The district court granted summary judgment to CCA on Miller’s negligence claim because it determined that Miller failed to proride sufficient evidence of proximate causation. We agree. Although summary…