Byerly

MEMORANDUM *

Plaintiff Gerald Byerly appeals the grant of summary judgment in favor of remaining defendant Dora Schriro, Director of the Arizona Department of Corrections (“ADC”), on his claim that Schriro violated 42 U.S.C. § 1983 . Byerly, an inmate within ADC, was attacked by three other inmates in September 2003, while he was confined in Alhambra Reception Center (“Alhambra”). Byerly is a sex offender and had requested placement in protective segregation upon his arrival at Alhambra. Byerly claims that Schriro’s implementation of Director’s Instruction 67 (“DI 67”) at Alhambra, indiscriminately placing unclassified inmates together with those truly in need of protection during an initial evaluation period, led to the attack and violated his Eighth Amendment rights. We have jurisdiction over the appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s grant of summary judgment. Qwest Comm’ns Inc. v. City of Berkeley, 433 F.3d 1253 , 1256 (9th Cir.2006). Our review is governed by the same standard used by the trial court. Fed.R.Civ.P. 56(c); Qwest Comm’ns Inc., 433 F.3d at 1256. We must determine, viewing the evidence in the light most…

concurring:

I concur in the result.