Gilman

Gilman v. Woodford

Good Law
269 F. App'x 756
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 06-16157California297 words

Opinion

lead Opinion

MEMORANDUM **

California state prisoner Richard M. Gil-man appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated the Eighth Amendment and state law by failing to repair a leaky roof. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and we affirm.

The district court properly determined that the allegations in Gilman’s second amended complaint failed to demonstrate that prison officials’ conduct in maintaining the prison roof and floors violated the Eighth Amendment. See Farmer v. Brennan, 511 U.S. 825, 847 , 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); see also Jackson v. Arizona, 885 F.2d 639, 641 (9th Cir.1989) (holding that allegation describing slippery prison floor, without more, “does not state even an arguable claim for cruel and unusual…

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